Legal Question in Family Law in Maryland
Will I be credited
In 2003 my ex-wife and I decide that she would have custody of my daughter and I would have custody of my son, and neither one of us would be responsible for child support. But I carried my daughter on my health insurance any way. In 2004 my son went back to live with his mother and I arrange to have child support taken out of my check for both children. However the issue of health insurance did not come up and I was not obligated to carry the children, but I did anyway. Well my ex-has decided that she want more money which I inform her that I was paying almost a sustantial amount of health. I would like to know is there any way that the health insurance that I already paid and the current health can be a credit towards my child support?
2 Answers from Attorneys
Re: Will I be credited
Previously made voluntary payments are not able to be credited against present and future payments. However, health insurance is placed into the Maryland child support guidelines and will be used to help compute a child support obligation.
In the event there is a pending matter, an experienced family law attorney would be able to assist you in the handling of the matter.
Re: Will I be credited
Child support is determined on an ongoing basis and anything you have contributed in the past on a voluntary basis will not be considered. However, the amount you pay to insure the children will be factored in to determine your child support obligation. MD uses a formula which combines the gross income of the parents to determine a basic amount needed by the children. Your premium would be deducted from your income to apply to this formula. Then things like child care expenses, if any, are added on. The total support amount is then prorated between the parents based upon their comparative incomes. If your ex files a child support petition, an experienced family law attorney can help protect your legal rights and make sure you are not ordered to pay an excessive amount.
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