What to do about health insurance for the children of a divorce?

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What to do about health insurance for the children of a divorce?

My husband has no medical insurance through his employer but his ex-wife has medical insurance through her company. His ex-wife is telling him he has to pay her directly, half of the children’s portion of coverage taken out of her paycheck. We can’t find anything in his divorce decree stating who is to cover the children’s health insurance. What should we do? Do we pay her directly? Are we legally obligated to do so? What are our rights?

Asked on January 4, 2013 under Family Law, California

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Generally that is something that is included in the negotiation of the settlement agreement.  So I think that you may have yo go back to court and resolve the matter before a Judge if he and his ex can not agree.  It would make sense that his ex would cover the kids but then you have to decide about co-pays, procedures not covered, etc.  Seek help.  Good luck.


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