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  • Working out agreement - health benefits for ex

    Hi All,

    I want to first thank those on these forums. It has been a great reference for knowledge and advice and has made my separation soooo much smoother.

    I have been separated for 2.5 years now, have new common law spouse so does the ex. About 6 months ago removed ex from health benefits after giving her about 6 months notice to make sure she had her own coverage etc. She is on disability and has major costs per month for meds and such, these are covered 80% by her plan but still there is a significant cost to her for the 20%.

    I pay 700$ a month in cs, as was verbally agreed to after separation even though we have 50/50 split of the kids. I am ok with this because I do understand and want my kids to have similar standard of living at both homes, which when you break down all the numbers it is monetarily atm.

    The ex now would like to renegotiate as she says the benefits were making such a big difference. I am looking for some case law on this so I can know what sort of ground I am standing on before going into this.

    I am sorry if this has been covered already but I did a search and can find a lot of opinion but no actual reference. Maybe somebody has had similar experience and has something to add?

  • #2
    Originally posted by calicodacat View Post
    I have been separated for 2.5 years now, have new common law spouse so does the ex.

    ...

    The ex now would like to renegotiate as she says the benefits were making such a big difference. I am looking for some case law on this so I can know what sort of ground I am standing on before going into this.
    You don't need case law. You now have a common law spouse and you can have anyone you want listed on your medical insurance. If that common law spouse lives with you then, you should put them on your insurance. As you mention above the other parent in this matter has a new common law spouse as well. Have that new spouse put the other parent on their insurance.

    You are only required to keep the children on your medical insurance really. The other *adult* who is in a common law *adult* relationship can add themselves to their new spouse's insurance.

    Once the divorce is finalized. The other parent will be off anyways. The judge can't order a insurance provider to do anything. If you have a new spouse that is who they (by their policy) should be providing insurance to. A judge could order you to put the other parent back on but, doubtful that now you have a common law spouse they would let you. Unless the insurance provider shows up as a party to the case the judge can order you to do something but, the policy will probably prevent you from doing it. Making any order USELESS.

    Also, this would never see the light of day. How much are we talking here in insurance costs? 5,000+ a month? Unless it is that kind of number it is not worth bringing to court.

    Good Luck!
    Tayken

    Comment


    • #3
      Hi Tayken,

      Thanks for taken the time

      Yes well if her new spouse had insurance that work out great for them. I don't think the amount is astronomical but maybe in the 200-300$ per month, so it is a significant cost to her that she did not have to pay while on my insurance as it would be cross covered. Specially seeing she is on a fixed income.

      Trying to be fair but I was hoping to negotiate down not up .... so really want to get my duckies in order. I figured the same as you but I really need to make sure before I make a stand on this.

      What about SS, is this something that is considered when setting SS amounts?

      Comment


      • #4
        You don't have to negotiate on the health benefits at all. She has a new spouse. You have a new spouse. End of story.

        Comment


        • #5
          If I'm interpreting this correctly, it's not the benefits you are asking about. You are asking if the ex can raise your CS amount, or argue for increased SS, to make up the difference for losing the benefits?

          I would hope not.

          All I can suggest is that you calculate what you ought to be paying in CS, vs your $700 that you are currently paying, which you imply is more than table offset, and remind your ex you are already helping more than legally required, and does she really want to rock that boat?

          You and your ex are broken up. You are both in new relationships and hence financial partnerships. Pay CS as per the tables because you support your children. Let her and her new common-law support her.

          It's okay for the children to have different standards of living in their two houses. They'll learn that people have different incomes, based on their education, work ethic, health circumstances, budgeting savvy, etc.

          Comment


          • #6
            Originally posted by calicodacat View Post
            Hi All,

            I want to first thank those on these forums. It has been a great reference for knowledge and advice and has made my separation soooo much smoother.

            I have been separated for 2.5 years now, have new common law spouse so does the ex. About 6 months ago removed ex from health benefits after giving her about 6 months notice to make sure she had her own coverage etc. She is on disability and has major costs per month for meds and such, these are covered 80% by her plan but still there is a significant cost to her for the 20%.

            I pay 700$ a month in cs, as was verbally agreed to after separation even though we have 50/50 split of the kids. I am ok with this because I do understand and want my kids to have similar standard of living at both homes, which when you break down all the numbers it is monetarily atm.

            The ex now would like to renegotiate as she says the benefits were making such a big difference. I am looking for some case law on this so I can know what sort of ground I am standing on before going into this.

            I am sorry if this has been covered already but I did a search and can find a lot of opinion but no actual reference. Maybe somebody has had similar experience and has something to add?

            Is this $700 equal to or greater than the amount that you should be paying, according to the federal child support guidelines for your income and your ex's income, in a shared parenting situation? If this is indeed the guideline amount (or more), then you've done all you need to do (or more!). If $700 is less that what the guidelines say, then you should increase your CS payments to the guideline amount.

            Comment

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