QUESTION
Can an agreement be changed regarding children's health insurance?
Asked on Nov 05th, 2015 on Family Law - New York
More details to this question:
My fiance and I have been the sole caretakers of his 2 children. In their original agreement, they were to split custody of the children 50/50 and she was responsible for getting health insurance for the kids (Child Health Plus). Recently my fiance took his daughter to the doctor's and was informed that the children no longer have insurance. He informed his ex and she recently reapplied for the health insurance but told him that he must agree to state that the children "live with her" so that she can receive it. The truth is though, they do not live with her and we do not want to state that they live with her because it's not at all true. For the past 2 1/2 years, she has taken them overnight not even 10 times. They are with us 99% of the year. My question is, is this a good time to have the agreement reevaluated? The agreement was based on the fact that they were splitting custody but since she's not living up to her part of the agreement, do we have enough evidence to change it?
1 ANSWER
Hi
Assuming you are actually the children's caretakers, your fiance should be applying to the Court for a modification of custody. It's no longer 50/50. At that point, he will be able to put the children on his health insurance and require her to make a contribution because the original contract directed her to maintain insurance for the kids. Also, if he is paying child support, he should seek a termination of those payments. If she is working, then she should be contributing to the support of the children because they live with you.
Good luck
Ilysa Magnus
Answered on Nov 09th, 2015 at 12:16 PM