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Divorce & Family Law This forum is for discussing any of the legal issues involved in your divorce.

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Old 08-01-2012, 03:24 PM
treegirl97 treegirl97 is offline
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Default Medical insurance

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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Old 08-01-2012, 03:26 PM
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I do believe that may fall under Section 7 expenses.
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Old 08-01-2012, 03:40 PM
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Quote:
Originally Posted by treegirl97 View Post
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?
Medical Insurance is potentially an Section 7 expense and paid in accordance with the Guideline. You can't subtract it from child support to the best of my knowledge.

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)

Quote:
[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.
So, if the other parent cancels the medical insurance, you would be entitled to get coverage on a private policy and the other parent would have to pay their "proportionate share of medical insurance".

Generally, group policies are cheaper than private individual insurance plans. Ultimately both parents are responsible for s.7 expenses.

Good Luck!
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Old 08-01-2012, 04:46 PM
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You could offer to pay him a proportionate share of the cost and it might not bother him so much.
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Old 08-01-2012, 06:01 PM
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Quote:
Originally Posted by treegirl97 View Post
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?
It is a Section 7 expense (not covered by CS).

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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Old 08-02-2012, 09:21 AM
Pharah Pharah is offline
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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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