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Does my ex owe for the last month's insurance?

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My ex is legally responsible to reimburse me for our children's health insurance. Since he recently got married, he put the children on his new insurance. My last premium due 10/30; his first was due 11/10. Since he pays his child support at the first of the month, he doesn't want to pay my last premium; both payment will have to come out of his 11/10 check. Is he legally responsible to pay my last premium?

Asked 11/16/2009 under Divorce, Marriage, Alimony | 146 View(s) | More Legal Topics

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M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney Answered 2 years ago | Contributor

I think that you answered the question yourself:  you stated that your ex is legally responsible to reimburse you for the premium.  I am assuming that is part of the custody and child support order issued by the court. However, it may really depend on how the order is written: is he obligated to pay for the health insurance or reimburse you? 

Also, do you pay the premium each month for the following month?  In other words, is it a monthly obligation or do you pay the premium every 6 months or something else?  If the insurance overlaps you could possibly get reimbursement from your insurance company and have him make up the rest.

You may have to take him to court to settle this dispute.  You may want to modify the agreement anyway to reflect the new situation and keep it current.  I would seek legal advice from an attorney in your area just to be sure.  Good luck.

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