Right now, I cover my kids’ health insurance. My ex is saying that she wants to cover their insurance now, and she’s currently having her lawyer write up paperwork so that this could be changed in the decree.
She said she isn’t going to raise my child support because of this, but I’m not fully certain. Should I agree to this change, or is it a bad idea?
While I am not licensed to practice law in your state, I can give some general guidance on this issue.
Most states’ child support statutes say that at least one parent must provide health insurance for the children. Those same statutes usually state that the parents must share these costs proportionate to their income. This typically translates into one parent paying 100 percent of the premiums for the health insurance but then getting a credit against the child support for paying the other parents’ proportionate share.
While your ex-wife may be making claims that she will not raise your child support, you can ask anyone who has been through a divorce or any attorney who handles divorce about this. Most of them would tell you that promises don’t mean much in family law unless it is in writing and signed.
If she is having a lawyer draw up a document to change anything, then you need to have an attorney review that document and tell you the pros and cons to signing the agreement as well as what long-term effect it could have on you, especially as it relates to your support obligations.
Remember, I am unable to provide you with anything more than divorce tips for men, so please consult a domestic litigation attorney in your area to obtain specific advice as to the laws in your state and how they impact your potential case.