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CS question

Calypso1977's picture

So i know in our state (MA) theres a formula and its based solely on dad's income.

My fiance carries the insurance for BM and the kid. in their decree, it states that each year they are to examine each other's plans to determine whose is cheapest. whoever has the cheaper insurance must carry the kid and the ex spouse. BM has PURPOSELY worked only 30 hours per week as the rate for insurance at her job for 30 hours per week is much higher than it is for 40. if she worked 40 hours, her plan would be cheaper and the three of them would go on hers.

her argument back at the time of divorce was that she couldnt work FT because kid was young, needed her home, and she was going to school. SD will be 15 this fall and BM has flunked out of college (3 times now) and has given up. No reason why she cant work FT.

Do you think a judge would force her to work FT and take insurance in exchange for the increase in CS? or do you think he will still get hit with the increase AND still have to cover them on insurance? If she takes him back, we are looking at about $400 more per month (she already gets a whopping $1300 AND her health insurance).

Calypso1977's picture

sally, he doesnt want to take her to court for the insurance as it will open up the CS can of worms. the decree is very clear that the kid needs to have insurance, and that the spouses need to be covered on one or the other's plan until remarriage (state does NOT want people on their plan who have insurance available to them). so in order to insure her, he has to have a family plan (no single +1). Now if we got married, BM would be taken off as you can only have one spouse on your plan.

step, like us tho, so much time has passed that even tho BM's circumstances have changed, my fiance's income has also increased greatly. i think he's making about $30K or $35K more now than when CS was originally set. sucks!

Calypso1977's picture

here in MA, if the kid goes to college, its CS until 23. luckily she's an idiot, so she'll age out at 19 as we dont expect her to go to college.

we dont have 50-50. she lives primarily with her mother. fiance sees her a day here day there (decree says tue/thur afternoons and every other weekend). kid refuses visits alot and mom lets her. fiance is too tired to fight anymore and go back to court.

and yes, no one can wrap their head around the fact that BMs income AND her expenses (or in her case, lack thereof) dont count. she lives rent and expense free with her parents.

Willow2010's picture

even tho BM's circumstances have changed, my fiance's income has also increased greatly. i think he's making about $30K or $35K more now than when CS was originally set
Ummmm...I think I would leave the insurance issue alone if this is the case. He will come out worse if they base it off his real income.

EDIT to add...their decree is stupid.
1) should clarify who pays insurance period. So the person who gets cheaper insurance has to pay the whole bill? Are they sure this is what it says?

2)...I am pretty sure where we are, that insurance companies would NOT cover an EX spouse. Not going to happen

hereiam's picture

That's what I was wondering (about covering an ex spouse), a +1 or family plan doesn't mean just anybody. Exes are still considered family? She is not his wife, she is not his dependent.

And BM should have to pay something towards that insurance premium, that is ridiculous.

onthefence2's picture

I am guessing that all these things you know about the bm are assumptions, unless you have had a direct conversation with her in which she stated she is purposefully only working 30 hours per week to keep from covering the insurance? It appears you are getting yourself all worked up over absolutely nothing. And then you go on to say how much his income has increased. It appears that he has gotten more over on her than she has gotten over him. Correct?

Calypso1977's picture

hardly. he never sees his kid because she violates the CO left and right an is in contempt on more things than we can count.

and trust me, the assumptions are spot on. we know for a fact she works 30 hours per week, and we've received the rate sheets that show the breakdown in insurance coverage. 20 hours is one rate, 30 is another, and then 40.

notarelative's picture

A friend in MA had it in his decree that he covered BM's insurance until he remarried or the kids aged out. So my guess is that he is going to cover her until you marry or the kids age out. My friend covered BM for eight years, until he remarried.

You may not expect her to go to college, but be prepared if she does. Many a kid takes just enough courses at a community college so that CS continues. She may never get a degree, but she may go to college.

WalkOnBy's picture

I haven't read all the comments, but how is someone able to cover an EX-SPOUSE? That makes no sense, since you can only cover yourself, your spouse and any dependents. His ex-wife is not a dependent by any stretch of the imagination.

How is he even able to cover an ex-wife????

Calypso1977's picture

in MA it is standard to cover an ex-spouse until remarriage/kids age off plan. the state doesnt want people on MA health if they have insurance available to them otherwise.

as for college, it states clearly she must be going FULL TIME to an accredited college or university. if she goes full time, drops out, it ends even if she decides to go back later. its clearly spelled out.

to clarify, he's not taking her to court over the insurance (he wants to avoid court at all costs). he's thinking of using the insurance as an argument for when SHE takes HIM back for more CS which we think may be happening.

the judge cant order her to work FT. but i was wondering if he can deny her either access to the health insurance or the increase in CS because she has the choice to work FT and chooses not to.

WalkOnBy's picture

Then MA must be self-insured, because there isn't a health insurance company on the planet who would let a subscriber add any old random person - such as an EX-spouse - to a policy.

Subscriber, spouse and dependents. An XW is none of these things.

Calypso1977's picture

it must be court ordered in order for them to cover. if the divorce decree doesnt order it, the insurance company wont insure them for the very reasons you state.