Legal Question in Family Law in Nevada

Hi when my husband signed his divorce he agreed to all terms the x wife asked for one of them was the custody of their two daughters, He now pays $1200 in cs a month my question is if he goes back to court and asks to provide medical insurance for his daughters will that reduce his cs, I also wanted to know if she has custody can he claim atleast one of them on his tax return being that he pays child support. when you answer my question will you please indicate me where on the page I need to go to view my answer I cant seem to find it. THANK YOU!


Asked on 9/28/09, 1:21 pm

1 Answer from Attorneys

Normally, the court will make each parent responsible for one half the premium cost for health insurance. So, if you can isolate the cost to have just the two daughters on the health insurance, then the court will usually reduce his child support by one half of the premium cost. For example, if it cost $100 per mo. for the girls, then he would get a $50.00 credit off his child support. However, you have to show how much it would cost for just the girls; not him, you and any other children.

Also, you didn't indicate who was to provide health insurance initially. If dad has had a lot of job changes, then that could affect mom's willingness to have dad carry the insurance and the court's decision. Also if there is a huge difference in income between mom and dad, the court may not grant the offset. If Mom's health insurance plan is much better than dad's that could affect things or if there is a pre-exisiting condition issue, etc. It is discretionary.

Normally, the primary physical custodian gets to take the children as dependent deductions. That is something that could have been negotiated in the original divorce.

You could ask the court for the deduction, but there are no guarantees. Paying child support alone is not a sufficient basis. Mom would have to sign off on the IRS form or the court would have to order it.

To find this answer, you click on the question.

For more particulars, you should consult with a competent Nevada lawyer and not rely solely on this answer in making your decision(s) as I may not have all of the facts.

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Answered on 10/03/09, 2:01 pm


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