The Health Care debate was front and center last week, as many of us watched the candidates discussing (and often yelling) about their position on Health Care. Whether you are supporting Kamala Harris, Bernie Sanders or another candidate, Democrat or Republican, certainly Health Care Coverage will be a major topic in the 2020 election!
Health Care is also a major issue in cases of divorce and dissolution. In determining how child support will be calculated, the court will take notice of the cost of health care and factor that cost into the equation for determination of the child support. So, you will want to make sure that your attorney knows the exact cost of coverage of health care.
Jacki and Jerry have been married 12 years, eight happily, four in secret misery. Finally, Jerry decided that he wanted out of the marriage, and Jacki, while not excited about the split, knew it was coming. She was worried about finances, and the two children who are ages 5 and 9. Jerry works for a large company, and because of its size, the company is required to offer to Jacki COBRA health care coverage. At first, when Jacki hears that she will still be covered with the current health insurance (which was terrific coverage), she is thrilled. Then she visits with her attorney downtown…
Jacki’s attorney explains to her that the coverage won’t be free (unless her attorney can successfully negotiate Jerry to pay for her COBRA coverage, which Jerry’s attorney already emphatically stated NO), and will only be offered for a limited time. He gives Jacki some homework to do: price out individual coverage, rather than COBRA coverage, and revisit the issue to determine which coverage is better, both in price and actual benefits. Then, the attorney explains to Jacki, that the two children will still remain on Jerry’s company’s policy, and will not have to be on COBRA.
Jacki contacts some insurance companies, and determines that individual coverage for her, alone, is MUCH less expensive than what she would have to pay in COBRA coverage. While she’s not excited about ANY cost for this, her attorney has told her that while Jerry is refusing to pay for her coverage, this cost will be considered when determining child support and spousal support AND under the new laws, her spousal support will NOT be taxed.
Jacki and Jerry will no doubt come to an agreement on the issue of Health Care. They don’t need to debate this any longer. Now, they must work on the issues of child support, child custody, spousal support/alimony, and debt and asset distribution. So, while the candidates continue their debate, there is also no doubt that Jacki and Jerry will be continuing their debate on these outstanding issues.
The attorneys at Joseph & Joseph, Co. LPA look forward to working with you on your issues as well!
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