What to do about insurance for children of a divorce?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What to do about insurance for children of a divorce?
The divorce decree states that the “Petitioner should be required to maintain insurance for medical expenses for the benefit of the minor children where available at a reasonable cost”. The Petitioner has always maintained insurance coverage. However, recently the Respondent had the option to put the minor children on her insurance as well. This would create a dual-coverage situation. One must be primary and one must be secondary. We would like to set it up that the Respondent’s insurance be primary, not the Petitioner. The reason for this is due to how the Petitioner’s insurance is set up. Is it required for the Petitioner to be the primary insurance holder?
Asked on October 29, 2012 under Family Law, Utah
Answers:
B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
The decree will control whether or not one has to be the primary-- but usually the courts do not impose a requirement of one over the other. Instead, Petitioner should maintain coverage so as to be in compliance with the order. If the parties want to make Respondent's insurance primary they can do so as long as there is not a prohibition in the decree. The language you have quoted above is not a prohibition. If you are still concerned about the effect of the decision to make Respondent's insurance primary, the parties can file an agreed modified petition and order to make the order more specific so as to accomodate the objective of both parents.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.