Stipulated Judgment ¶49 — Health Insurance: “Reasonable Cost” Provision
Source: Stipulated Judgment, FL-180 Attachment, IRMO Nibley Case No. 20FL010940C, entered June 17, 2022.
Operative text (verbatim)
¶49. “Charles shall maintain in full force and effect, for the benefit of the parties’ minor children, the presently existing health, accident and/or hospitalization insurance coverage so long as it remains available to Charles at a reasonable [cost] through his employer. If health insurance is no longer available to Charles for the minor children through his employer at a reasonable cost, then he shall notify Jennifer and Jennifer shall immediately provide health insurance for the minor children so long as it is available through Jennifer’s employer at a reasonable cost. If neither party has insurance available through his or her employer at a reasonable cost, the parties shall equally share the cost of a private medical insurance policy for the benefit of the minor children. The party obligated to provide medical insurance for the children shall keep all premiums current on the insurance.”
Operative obligation hierarchy
- Charles, through his employer, at reasonable cost — primary obligation
- If unavailable to Charles at reasonable cost: Charles notifies Jennifer; Jennifer provides through her employer at reasonable cost
- If unavailable to either at reasonable cost through employment: parties equally share private policy cost
The “reasonable cost” qualifier governs the entire hierarchy. The party providing coverage must keep premiums current.
Strategic relevance
Implicated in the support-side objections to Petitioner’s Xspouse calculation. See Objections to Petitioner’s Xspouse Calculation and Responsive Declaration for the full analysis.
Two specific points:
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The “reasonable cost” inquiry is fact-specific. Cost reasonableness is not stipulated; it is determined by reference to the obligor’s circumstances. Post-2022 changes in Charles’s employment circumstances (Parry Labs layoff February 2025; transition to Mail Station C-corp under ROBS) materially affect what counts as “reasonable cost” through Charles’s current employer.
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The health-insurance-deduction line on the support calculator is an actual-amount line. Under FC §4059(d), the deduction from gross income for health insurance premiums must reflect actual amounts paid. Estimates and prior figures are not substitutes for current documented premium costs.
Cross-references
- FC §4059(d) — health insurance premium deduction
- Stipulated Judgment ¶46 - 2022 Income Figures — companion support-side provision; the 2022 calculation included a $393/month health insurance deduction line for Charles
- Objections to Petitioner’s Xspouse Calculation and Responsive Declaration