Wht to do if according to our child support agreement, my ex-husband is required to maintain health insurance for our two daughters?

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Wht to do if according to our child support agreement, my ex-husband is required to maintain health insurance for our two daughters?

Right now they are on his employer’s plan. He says he must claim them as his dependents on taxes in order for them to be eligible for the insurance (that the policy is allowed only to dependents according to taxes). Do I have to allow him to claim them, or can I claim them and he has to find another means to insure them. They would otherwise qualify as my dependents (and I am the custodial parent). Our child support agreement was calculated under the guidelines that listed me as claiming them for child tax credits. According to the state’s child support calculator, the guideline would have awarded me more).

Asked on January 20, 2013 under Family Law, California

Answers:

Cameron Norris, Esq. / Law Office of Gary W. Norris

Answered 8 years ago | Contributor

I concurr with the previous answer.  If he really wants to claim the children bad enough to make up this story--then he can file a motion to modify child support and seek a child support order under which he gets the exemption, however his support obligation will increase to make up for it.

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

What your "ex" is telling you that he has to claim his own children as dependents on his personal taxes, federal and state makes no sense for the children to be on the health plan of his through his employer. The employer never sees an employee's tax returns (federal or state).

From what you have written your "ex" is trying to pull  fast one on you. The children are your dependents for tax purposes and your "ex" must include them on his health insurance plan through the employer. Do not fall for his false claims.


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