Legal Question in Family Law in Texas
Health Insurance for Child of Divorce
I know my ex-husband can deduct the cost health insurance for my son when figuring his Avg Net Income, but how is the actual cost for my son calculated if his cost also covers him, his wife and step-daughter? My thought was that I would take the total cost $603/month and subtract the cost of coverage for Him + Spouse ($528), which leaves $75. Then divide the $75 by the # of children covered (2). Meaning the cost he's actually paying for health insurance for my son would be $37.50/month. Does that make sense? Is that correct?
1 Answer from Attorneys
Re: Health Insurance for Child of Divorce
I have seen judges do this two different ways. One way is the judge has HR state the cost of insurance for the employee; and then the cost of employee plus children. If the coverage does not specify a different amount of premium, for more than one child. Then the judge says it doesn't matter how many children there are, the premium is the same for 1 or 100 children, and there will be no separation in the premium.
Other judges take the premium associated with the children, and divide that amount by the number of children, attributing a specific amount to each child. In my opinion, this method is very weak legally, and could probably get overturned on appeal.
If the insurance coverage specifically denotes a different premium for each additional child's coverage, then it apportioned that way by the court as well.
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