Legal Question in Family Law in Massachusetts
Child Support and Health Insurance
In 1994, my husband and I filed a temporary divorce agreement with the court. At the time, I was working and had health insurance coverage at no cost to me. So I was covering the family. I was terminated from my job in April of 1995 which left us without insurance. I had the option of paying a COBRA price of $550 a month to continue. My husband and I decided it would be less expensive for him to obtain insurance through his job. He did. The temporary order states that he is to pay $186 a week in child support. He decided that because he was paying for insurance that he would deduct $36 a week off of the child support. He has been doing this for three years. It has recently come to my attention that what he is doing is not legal. Is this true? If he wanted to deduct insurance costs should he have filed a modification? I have tried to talk with him and his attorney to avoid a contempt order, but they will not comply. I cannot afford an attorney myself and would like to know what my rights are.
2 Answers from Attorneys
Re: Child Support and Health Insurance
You must first look carefully at your agreement, to see exactly what it says. Usually these agreements address the issue of health insurance, which is above and beyond child support. You want to be very careful, because if they do not have to provide medical insurance, they may cancel the policy and leave you high and dry. A court would not permit that, in all likelyhood, but the court would consider the earning of each of you, the age of the children, and other factors. You need to speak with an attorney. You could be owed $36 x 3 yrs * 52 weeks/yr = $5,000, plus 12% interest from the beginning of 1998. It could be very much worth you seeing an attorney to recover what is owed to you. To properly advise you, an attorney must sit down and speak with you, so please consider my comments as a starting point for discussion, and not legal advice.
Thomas Workman
Law Offices of Thomas Workman
41 Harrison Street
Re: Child Support and Health Insurance
It appears that both of you are in violation of the orders. I believe that a probate court judge would try
to avoid a finding of contempt under these circumstances. I suggest that you calculate the child
support guidelines with the current incomes and determine what a court is likely to do in a modification
action. If the guidelines show a substantial difference then you should consider court action. This
difference could also be the basis of a new agreement without going to court.
Alan Pransky
Law Office of Alan J. Pransky
20 Eastbrook Road
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