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Posted

I don't think so. Perhaps the best argument--and it would be a reach--would be that the number of dependents has changed (Treas Reg § 1.125-4©(2)(ii)) because perhaps now most of the financial support of these children is provided by the state, not the employee.

John Simmons

johnsimmonslaw@gmail.com

Note to Readers: For you, I'm a stranger posting on a bulletin board. Posts here should not be given the same weight as personalized advice from a professional who knows or can learn all the facts of your situation.

  • 3 weeks later...
Posted

That sounds like a status change to me because the cost of coverage has changed.

Florida has "free" pre-k 4, although that is only about 1/2 day of a daycare day. So, if a child were to qualify for this state subsidy mid Cafeteria Plan year, the parent obligation has changed. We allow that.

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