Who provides medical insurance in divorce and support

Typically during a divorce, medical insurance is already in place when parties separated. Unless the parties agree otherwise, you cannot unilaterally drop your spouse from medical insurance during a divorce and must provide coverage until a divorce decree is entered as long as it still available through work. When parties go to support court, if both parties have medical insurance available for the children, it oftentimes make sense to look at who has a better plan and at what cost. It is not just the out of pocket expense on the premium that should be looked at, but also the coverage available and cost of deductibles. If the parties cannot agree on who will provide coverage for the children the court will weigh these variables to decide what makes the most sense. No matter who provides the coverage, the parties should realize that they will both share in the cost of medical premiums in proportion to their incomes either as an add on to basic child support or as a deduction. The parent who receives child support, however, will pay the first $ 250 in out of pocket medical expenses and the balance will be shared based on incomes.

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Documents to bring when beginning the probate process

Clients often ask what documents to bring when probating an estate.

First, if there is a will, you need the original signed will. The executor(s) named in the will must be present. If the executor does not wish to handle the estate, then they will need to sign a renunciation which will be presented to the Register of Wills. You will also need to present photo identification (i.e. drivers’ license).

You will also need a death certificate.

Finally, you will need to pay the filing fees, which are based on the size of the estate. You will also need to pay for each short certificate. A short certificate permits you to access the decedent’s accounts. It will list the decedent, date of death, and name of executor/administrator.

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SSD vs SSI

Social Security benefits may count as income depending on the nature of the benefits be received. For that purpose, it is important to differentiate the types of Social Security benefits to ensure an appropriate support calculation. Social Security disability (SSD) benefits are counted as income. The disability payments are meant to replace the income the recipient would have received if they had not become disabled. Essentially, disability payments have been pre-paid by the recipient during their employment. Accordingly, the recipient must have a sufficient earnings history, or in other words have paid social security long enough, to be eligible for payments.

In addition to the recipient receiving a benefit, their children can also receive a derivative benefit. The derivative benefit can be set up to be paid directly to the primary custodian of the children if the recipient does not exercise primary custody. Disability payments are retroactive to the date the disability was established so there could be a lump sum payment initially. Both the amount received by the recipient and the amount on behalf of the children as a derivative benefit should be factored into in support calculation.

Social Security income (SSI) is not be considered income for purposes of a support calculation. SSI is a federal means-tested benefit. It operates as more of a welfare benefit similar to cash assistance or food stamps. It is not meant to replace lost earnings but instead to provide some income to disabled people who would otherwise be poverty-stricken. Even though SSI cannot be considered, if the parent is otherwise capable of working, income from employment can still be considered for a support award.

Click here to read more on calculating child support.

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File to Modify Support if you are laid off

Whenever there is a change income, whether it is the party receiving child support or the party paying child support, it is that person’s responsibility to file to modify the support order. When someone is suddenly let go from work, even if they qualify for unemployment income, it is often necessary to file to modify support. Even though the wages are attached and the court receives their funds from unemployment, this still does not mean the court is put on notice. You must take initiative and file to modify the order. Even if it is temporary, you should do this in case you are out of work longer than you anticipate. Having to pay a support order based on income you no longer have can be disastrous. In addition, if you have lost health coverage, it is important that you notify the other party as soon as possible. If you are receiving support, likewise, you should file to modify your support order. Support orders are modifiable if either party experiences a change.

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