Legal Question in Family Law in Indiana

My husband’s ex-wife is required to carry health insurance on their 3 children per their settlement agreement. They are then to split (50/50) whatever the out of pocket cost is. He also has coverage for them through his employer, which often times results in a $0 co-pay due to double coverage. Since he isn’t legally required to carry them and it in turn benefits his ex-wife, would she technically owe him money based on what half of her co-pay for that particular service would have been (i.e. her co-pay is $30 for a normal office visit. If his insurance covers anything hers doesn’t, wouldn’t she owe him half of what the cost would’ve been - $15?). She also claimed all 3 kids on taxes for 2012 when it was his year to claim them because he was in arrears. How does the child support office know to credit that amount. What he would have gotten back far surpasses the arrearage. Please advise. Thanks!

Asked on 8/13/13, 12:04 pm

1 Answer from Attorneys

Jay Rigdon Rockhill Pinnick LLP
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"Since he isn’t legally required to carry them and it in turn benefits his ex-wife, would she technically owe him money based on what half of her co-pay for that particular service would have been (i.e. her co-pay is $30 for a normal office visit. If his insurance covers anything hers doesn’t, wouldn’t she owe him half of what the cost would’ve been - $15?)." No.

"She also claimed all 3 kids on taxes for 2012 when it was his year to claim them because he was in arrears. How does the child support office know to credit that amount. What he would have gotten back far surpasses the arrearage." They won't. He needs to fight the IRS determination or seek assistance from the trial court to be able to claim the deductions.

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Answered on 8/13/13, 12:40 pm

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