Legal Question in Family Law in New Mexico

Child support medical health portion can be calculated several different ways and those different ways are dependent upon the employer of the person who has the health insurance. The following examples will demonstrate different methods to apply: (1) Employer offers health insurance at no cost to employee and then charges a premium for either (a) family; or (b) employee +1; or (c) employee +2; or (d) employee +3 or more. (2) Employer offers employee at some set cost then (a) family; or (b) employee +1; or (c) employee +2; or (d) employee +3 or more. (3) Employer offers employee plus family (does not matter how many 'others'). There are many many more examples. But, I hope you get the idea.

Each of these different versions require you to know the cost of the employee insurance plus how ever many dependents there are; then you can begin calculating that actual cost. Some Lawyers will argue different aspects of applying the cost to the employee in the equation and other lawyers will argue against it . . . . depending on the circumstances. In the end if you come up with something that everyone agrees is 'fair' (or that which at least they agree they can live with) then so long as you explain to the hearing officer or the judge how you arrived at the number that you got likely the judge or hearing officer will approve your agreement. The point here, legally, is that the law says to include the cost of the insurance. Depending on your perspective, either for or against, the law (unfortunately) does not say HOW to calculate the cost of the insurance. Thus, the method you propose in your query may end up being the method you all use.

Good Luck

Law Guru