My ex currently pays for our kids to be on his medical plan at work. Now that we are in the process of finalizing our separation agreement, he is complaining that the amount of child support he has to pay is too high. It's the table amount, by the way. Anyways, he wants to lower his cs payment by the amount he pays for the boys medical coverage every month. Is this correct and the way things work?
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Originally posted by treegirl97 View PostMy ex currently pays for our kids to be on his medical plan at work. Now that we are in the process of finalizing our separation agreement, he is complaining that the amount of child support he has to pay is too high. It's the table amount, by the way. Anyways, he wants to lower his cs payment by the amount he pays for the boys medical coverage every month. Is this correct and the way things work?
Moreira v. Garcia Dominguez, 2012 ONCJ 128 (CanLII)
Date: 2012-03-12
Docket: D46596/08
URL: CanLII - 2012 ONCJ 128 (CanLII)
Citation: Moreira v. Garcia Dominguez, 2012 ONCJ 128 (CanLII)
[233] I find that the applicant is entitled to her proportionate share of medical insurance and daycare fees to be paid by the respondent and to be agreed upon between the parties within 30 days.
Generally, group policies are cheaper than private individual insurance plans. Ultimately both parents are responsible for s.7 expenses.
Good Luck!
Tayken
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Originally posted by treegirl97 View PostMy ex currently pays for our kids to be on his medical plan at work. Now that we are in the process of finalizing our separation agreement, he is complaining that the amount of child support he has to pay is too high. It's the table amount, by the way. Anyways, he wants to lower his cs payment by the amount he pays for the boys medical coverage every month. Is this correct and the way things work?
So what I do (and I recommend you do), is to keep it separate.
Both of you pay CS according to the guidelines, and you pay him for your proportionate cost of the kids part of his medical plan. Two separate transactions.
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Medical insurance policies should be a section 7 expense but in our case it was not something the Judge was willing to make a ruling on (I was never married). That said, it is in the child's best interests to have medical insurance coverage.
I would suggest trying to come to an agreement on both what coverage the child should have, at my work the cost of the benefit packages and coverage change between bronze, silver and gold and what is reasonable for the alternate parent to pay over and above child support.
Insurance premiums are also something that can claim on personal income tax, so keep that in mind.
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