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Sam, Attorney at Law
Category: Legal
Satisfied Customers: 27011
Experience:  More than 20 years of experience practicing law.
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I am divorced parent, my son is 10 year old.By divorce agreement

Customer Question

I am divorced parent, my son is 10 year old.
By divorce agreement I am obligated to pay 1/2 of health insurance cost (unless health insurance is provided by employer).
Currently I am paying 1/2 of cost (about 130 per month) , because my ex wife claims that her employer charging her for the medical insurance- taking money from hers paycheck. My question is: do I am obligated to pay her ½ of this insurance cost , or this insurance is provided by her employer, and I don't have to pay. Please explain.
Her employer has this plan:
"CAFETERIA BENEFIT PLAN–The MegaFlex Benefits Plan is a cafeteria plan through which benefits may be purchased using a
tax-free County contribution of an additional 14.5% to 17% of the employee’s monthly salary. Any portion of the County contribution
not used to purchase benefits is paid to the employee as taxable income. Benefits available within the MegaFlex Benefits Plan
include medical, dental, disability, and life and AD&D insurance."

Thank you
Submitted: 4 years ago.
Category: Legal
Expert:  Sam replied 4 years ago.

Welcome and thank you for your question

I am an attorney with more than 25 years of experience and I look forward to providing you true and correct information in this regard.

Please remember, I can only answer what you ask and so if you have follow up questions, please post them here for full and accurate information before rating. If there are no other questions in this regard then I thank you in advance for your positive rating

Under the terms of your Order you would be responsible for 1/2 of the share that the Mother is paying since it is not being PAID for by the employer


When you order says provided by the employer it means being paid for as a benefit. So if the employer is making the Mother pay, then you legally are obligated to the 1/2


I suggest you can ask your wife to provide copies of the paycheck to see where the money is being withheld.