QUESTION

Does natural parents insurance trump a stepparent no matter what?

Asked on Sep 17th, 2013 on Divorce - Michigan
More details to this question:
I am divorced and single, my ex is remarried. This question has to do with medical coverage for our 2 children. I carry medical insurance for my kids, as does his wife. Our divorce decree states that I was to continue coverage for our kids on my insurance while I remained employed with the company that I was with at the time of the divorce. It also states that if my employment changed, then we will share in the expense of medical insurance. I changed employment and have coverage with my new employer. I have been asking him to pay his half since the decree states that we will share in the expense. He is refusing, stating that our kids are covered under his wife's plan, although it is my insurance that he uses when he takes our kids to the doctor. I have a court date to argue whose insurance should be deemed the primary insurance for our kids, mine or his wife's. My birthday falls first in the calendar year to both of their birthdays. Could a judge order, even though I win by the birthday rule, me to pay half of her coverage simply because my insurance is more expensive than hers?
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5 ANSWERS

Social Security Disability Attorney serving Melbourne, FL at Law Office of Robert E. McCall
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The Final Judgment controls.
Answered on Sep 19th, 2013 at 10:45 AM

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The judge's primary concern is that the kids are covered. Generally, the orders also state there can be secondary coverage also; however, the carriers will want to know which policy is the primary one. You need to read the terms of the order because the judge will enforce it if it's clear.
Answered on Sep 19th, 2013 at 10:33 AM

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Divorce & Family Law Attorney serving Salt Lake City, UT at Utah Family Law LC
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If your decree provides that the parents are to share the costs of insurance for the children under certain circumstances and those circumstances have now arisen, and if your ex-husband refuses to comply with the provisions of the decree of divorce, then you can go back to court asking the court to enforce the decree against her ex-husband and to sanction him for his noncompliance.
Answered on Sep 19th, 2013 at 10:12 AM

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Commercial Contracts Attorney serving Boise, ID at Peters Law, PLLC
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It is possible that a judge could rule that way. Of course, the other consideration is which plan has better coverage. In the custody orders I have been involved with, we usually put in language that the parent best able to provide the insurance should provide it.
Answered on Sep 19th, 2013 at 10:02 AM

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Appellate Attorney serving Grosse Pointe Farms, MI at Musilli Brennan Associates, PLLC
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See an attorney with details, the answer is in the term of your divorce decree/judgment.
Answered on Sep 19th, 2013 at 9:39 AM

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