Legal Question in Family Law in Massachusetts
Child Support Guidelines
(Section G 1) Says that if the obligor pays health insurance, he gets credit (reduction) for half of the cost of family health coverage.
Further says : ''However, there shall be no reduction if the obligor has a preexisting family health insurance policy which could be amended to name the additional dependents to the policy at no cost to the obligor.''
My soon to be ex-husband has had the family coverage since before we were married, he intends to keep the coverage for me and kids (until emancipated). Keeping us on the plan will not cause any change in the health insurance premium.
Is this considered ''preexisting'' health coverage? Can he get the credit for family health insurance coverage?
1 Answer from Attorneys
Re: Child Support Guidelines
The Husband gets the credit in this case. One-half of what he pays is deducted. The clause you mention is for cases in which the payer is already getting the credit in another divorce or situation.
The key is "at no additional cost." In other words, you definitely get the first 50% off. If adding additional dependents raises the total rate, payer gets 50% off of that additional raise, not of the whole cost. This rarely happens -- one family plan is one family plan.
In other words, this is an incremental benefit.
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