Hi All,
My cousin just went through a divorce, finally finalized after about four years. One of the children may require braces. He is only 12 years old. My cousin has limited benefits and the Fathers benefits do not cover braces. However, the children are covered under his new spouses benefits. She asked me if his new spouses benefits should come off the top of the cost or if he can use that for his portion since the new spouse is under no obligation to provide benefits to the children.
I really don't know... at first I thought yes it should come off the top but then I thought well maybe not because she isn't a parent and technically doesn't have to provide benefits to the children.
What are the thoughts on this? Dad thinks it shouldn't come off the top and mom thinks it should. Dad pays full CS and mom receives all tax benefits and write offs.
Thanks!
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My cousin just went through a divorce, finally finalized after about four years. One of the children may require braces. He is only 12 years old. My cousin has limited benefits and the Fathers benefits do not cover braces. However, the children are covered under his new spouses benefits. She asked me if his new spouses benefits should come off the top of the cost or if he can use that for his portion since the new spouse is under no obligation to provide benefits to the children.
I really don't know... at first I thought yes it should come off the top but then I thought well maybe not because she isn't a parent and technically doesn't have to provide benefits to the children.
What are the thoughts on this? Dad thinks it shouldn't come off the top and mom thinks it should. Dad pays full CS and mom receives all tax benefits and write offs.
Thanks!
Sent from my iPhone using Tapatalk
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