Q: My child gets medicaid and the father has his own personal health insurance. He is trying to get the amount it would cost him a month taken off of the amount hes supposed to be paying based on income. I refused the proposal they set a temp order in the mean time. Doesnt he have to put him on his insurance because hes on medicaid? And can he really pay a lower amount then what the guidelines say? ??
A: David's Answer: Usually an additional cost to cover the child on medical insurance is split on a pro-rata basis. As such, it's not that the entire amount would be taken off the basic order - instead, only the portion you would otherwise need to pay would be subtracted. In other words, if the comparison between your income & his is 80%-20%, then only 20% of the additional premium would be subtracted off the order. Regardless, he need to prove what that additional amount is. Schedule a consult with a child support lawyer in your area. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)
David Bliven is a former Family Court prosecutor who handles the full range of Divorce and Family Law cases, including child support and paternity matters. He practices primarily in Westchester (White Plains and vicinity) and the Bronx (Riverdale and vicinity). His website can be found at www.blivenlaw.net.
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