Medical Insurance

[Obirek]

What is the name of your state? Florida

In my divorce agreement my Ex is supposed to carry medical insurance on my 2 children. Unfortuetly he has been unable to keep a job and or unwilling to pay for medical insurance. This went on for about 2 years and finally my husband and I took out a policy for them through his work. It is just over $200.00 a month and it includes Medical, Dental, Vision, and Pharmacy. Well, my Ex just had a shotgun wedding and now the new wife has insured them through her work and demanded I cancel my insurance policy. We are getting ready to modify child support and put into the calculations-the medical insurance. Has anyone dealt with this before? Doe she have legal right to hold the policy? I've had mine for over a year and I'm very hesitant to cancel it as we've met most of our deductions and with my ex's history, I can't afford for my children to be without insurance. Our insurance is through Wachovia bank and we can only enroll the first of the year.

Thanks!

 

[Whyte Noise]

As long as her insurer allows stepchildren not living with them to be covered then yes... she can legally have them on her policy. Just as your husband (their stepparent) has the legal right to carry them on his insurance, so does she (as a stepparent)

You don't have to cancel your policy. A person can have more than one policy at a time... a primary and a secondary. What the primary insurance doesn't pay, the second will kick in to cover... and anything left not paid after the 2 insurances are filed is then your responsibility or his (or yours and your exes if uncovered medical expenses are to be split 50/50) to pay.

 

[Claire's mom]

I believe they could give the credit on the CS to the parent who has the lowest cost insurance... but, I'm really not positive about that. But, I don't think that you would both get the credit for that on your CS. Also, I wouldn't do anything until you run it by the person doing th modification & bring up his spotty record & the fact that he hasn't kept them covered. You may win the credit on this one.

 

[Obirek]

I will be speaking to my lawyer on Monday...He has been on vacation all week (when all this came about) and I haven't been able speak to him about it. I'm hoping his past history will enable us to hold the policy and he pays for it. He is so up in the air, at this time he doesn't even have a home...he is living in a hotel. So it's very hard to trust or take his word...let alone his new wife which we know nothing about.