What to do about insurance for children of a divorce?

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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 8 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. 


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