Is the Cost of Insurance Included in Child Support?

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“I am currently in the process of a divorce. I already live in a separate house. We have 3 children together. My spouse and I verbally agreed to a sum of $600 a month for child support. I need to know if this amount is the amount the law would support. Also she just lost her job and wants me to put the kids on my insurance. Does this mean I can lower the child support payment by the amount I pay into insurance for the children?”

[NOTE: Articles and answers on DearEsq., while written and published by lawyers, do not constitute legal advice, and no attorney-client relationship is formed by your reading of this information. You should always consult with an attorney for any legal situations.]

Child support is determined by the application of a formula. Every state has a slightly different formula, but nearly all of them take into account the amount of money earned by the non-custodial parent, the number of children (in your case three), and the percentage of time that the children are with each parent.

Most states also consider medical insurance to be an additional requirement, along with the cost of child care necessary to allow the custodial parent to either work or to attend an educational program designed to lead to work.

It is impossible to say how much child support the court would order you to pay without knowing a lot more information, but nearly all courts have a place where you can sit down and run the numbers, and figure out how much child support the court would order you to pay. You can also try searching online for a child support calculator for your state, such as searching for “Florida child support calculator” or “Washington child support calculator”.

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Author: Anne P. Mitchell, Esq.

Anne P. Mitchell, Esq. is a noted family law expert, Internet law expert, and Professor of Law at Lincoln Law School of San Jose. She is the author of "Surviving Divorce: the Single Father's Guide" and "The Email Deliverability Handbook"

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