Only one health insurance counts

It’s an abuse of discretion for the court to count the cost of health insurance for both parents when it calculates child support using the Alabama child support guidelines. This from the Alabama Court of Civil Appeals in Volovecky v. Hoffman, No. 2030291 (Ala.Civ.App. 12/30/2004). The divorce decree had required the father to provide health insurance, and he had complied. In a modification case, however, the court included the cost of health insurance for both the father and the mother. The appeals court reversed, instructing the trial court to recompute child support based on the cost of health insurance provided by the father.

4 thoughts on “Only one health insurance counts”

  1. I recently went to court with my ex-husband. The court had ordered me to carry the insurance and I have always complied. However, he recently took me back to court for child support and attempted to enclude his insurance cost. I was paying $200 a month to cover myself, my husband and my two child. He was paying $300 a month to cover himself, his wife, her two child and his two child. I successfully proved that his insurance was paying $0 on my children and my insurance was paying everything on the children. Both of us had BDBS of alabama and they will not pay twice.

  2. I have 2 children to my exwife. I was ordered to cover the kids on my medical insurance. I no longer live in the state of Alabama but still carry insurance for my children. My exwife is not giving my insurance information to any providers (I haven’t received an Explanation of benefits in years.) Is she legally able to omit my insurance information? My birth month is also first so if I did live in Alabama I would still be the primary insurance. It seems to me that one insurance company is being cheated out of money.

  3. Your job is to comply with the divorce decree, and you’re doing that. I don’t know that there’s much more you can or should do.

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