Good morning! I have a question about what your current arrangements are regarding health insurance and responsibility. I know that it may be different from state to state, I live in NY.
I recently added DH to my health insurance plan. The court states that once insurance is available to DH that SD is to be added also. That is fine, I have no problem with that and the cost difference is insignificant. My questions are, what is the responsibility distribution for the co-pays and medications where required? And, should I get this updated in the CO?
We have an "okay" relationship with BM and my first instinct was to have a written agreement between us notarized, to avoid everyone going back to court. Would it be irrational to have BM pay for the co-pays and then us split the medications 50/50? What do you do?
Thank you in advance for any advice you can give!!!
Re: Health insurance ? NY
I don't know about NY but I can tell you how X and I handle it.
First, X pays health insurance since it's available through his work and I have private health insurance (so his is much cheaper). He pays the premium but it is factored into our child support calculation. Then all OOP expenses are divided by income. If we had the same income we would split 50/50. If he made more than I did he would be responsible for more.
what is your custody arrangement? do you have full or joint custody?
if you have full custody, I would say you should probably just eat the costs, if you eventually end up in court for something else, then modify the co so that part of her child support is for medical insurance/ copays etc.
if you have joint custody I would ask to split all OOP costs: copays and medications. what did SD have for insurance before? and who was paying it? if it was BM did she ask you for any money towards it?
these are all things I would take into consideration.
we have vistiation with our SD and pay child support which has a calculation for her health insurance and we are also supposed to split all OOP costs but BM only comes after us for it when she's really broke
I'm not sure what the norm is in your state. The norm in my state is for the NCP to carry insurance and then both parties split all OOP costs 50/50. That being said, neither mine nor DH's CO's are that way.
In mine, DD is to be covered by me (CP) and we are to split OOP costs 50/50. My order was done this way because her BD did not have insurance at the time. I only bill him for his half if I have a high bill or if we are tight on funds.
In DH's CO, both DH and BM are required to carry insurance and split OOP costs 50/50, which typically leaves very little in OOP costs. However, if one party does not carry insurance they are required to pay for OOP costs 100 %. That had been the case over the past 4 years because BM lost her job and became a SAHM. Now, DH has lost his job as well so we will now be responsible for half of all expenses until DH finds another job with insurance.
We are in NY, and we are NCP.
At the time my husband's CO was done, my stepson's mother had no health insurance available, and my husband had been covering SS anyway, so the judge ordered him to continuing covering SS.
As far as medical copays, their CO states they have to split the copays the same way they'd split child care and educational expenses: DH pays a certain percentage, and BM pays a certain percentage. It is NOT 50/50, and it was NOT based on what the parents thought was fair. It was ONLY based on the difference between the 2 parents' incomes. So, since DH makes X% of the total income between the two of them, he pays X% of the medical copays, and BM pays the rest. My understanding is that this is normal is NYS, although perhaps if DH had had a lawyer at that time, it would have gone differently.
If you can get an agreement outside of court, that is signed by both parties, I'd do that. NCPs generally get screwed in NYS.
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