Changing Insurance?

[Noelle_71]

What is the name of your state? Florida

Our case was decided a few months ago and my ex was ordered to maintain our childs current medical policy. He contacted me and told me he was dropping it and converting to his new wife's policy. I protested.
The order is VERY specific. It states that he must maintain through his employer as long as it is available. States that if it is not available at a reasonable cost through HIS employer, than I carry it and he pays. His new plan through his wife does not cover dental which was covered under his. Morever, now he won't be carrying any insurance, it will be dependant on his wife's job/income. I have a big problem with this and want to know if he is contempt if he drops the current insurance.
Some may ask, why care where the insurance comes from..the problem is the insurance is significantly more in co pays, prescription plan and of course, dropping of the dental. Anyone?

 

[CJane]

The order is VERY specific. It states that he must maintain through his employer as long as it is available. States that if it is not available at a reasonable cost through HIS employer, than I carry it and he pays.

Yes, he'd be in contempt. I would send him a CCR letter, including a copy of that page of the order, informing him that the change is completely unacceptable, and outlining the reasons why. If he changes it, file contempt. Request that you carry the insurance and he be ordered to pay the premium as well as all uncovered costs.

 

[Noelle_71]

Yes, he'd be in contempt. I would send him a CCR letter, including a copy of that page of the order, informing him that the change is completely unacceptable, and outlining the reasons why. If he changes it, file contempt. Request that you carry the insurance and he be ordered to pay the premium as well as all uncovered costs.

What is a CCR letter? And can I file contempt without a lawyer?

 

[CJane]

What is a CCR letter? And can I file contempt without a lawyer?

Ummm... I meant CRR which is Certified Return Receipt - one he has to sign for so you know he got it.

And yes, you can.

 

[Noelle_71]

Ummm... I meant CRR which is Certified Return Receipt - one he has to sign for so you know he got it.

And yes, you can.

Why thank you, hehe, I thought it was some legal term.
He seems to think that as long as the child is covered on insurance, it doesn't matter where it comes from. He said that his lawyer told him he could carry his wife's insurance and it would be okay.
But I'm not okay with that. I don't want to come off as argumentative or non cooperative, but I need him to stick to the order.

 

[Zephyr]

Why thank you, hehe, I thought it was some legal term.
He seems to think that as long as the child is covered on insurance, it doesn't matter where it comes from. He said that his lawyer told him he could carry his wife's insurance and it would be okay.
But I'm not okay with that. I don't want to come off as argumentative or non cooperative, but I need him to stick to the order.

maybe, in the spirit of cooperation as him to get child on a dental policy in addition to the wife's insurance...that way there is no loss of benefits to the child

 

[CJane]

Why thank you, hehe, I thought it was some legal term.
He seems to think that as long as the child is covered on insurance, it doesn't matter where it comes from. He said that his lawyer told him he could carry his wife's insurance and it would be okay.
But I'm not okay with that. I don't want to come off as argumentative or non cooperative, but I need him to stick to the order.

If your order specifically states 'Current Medical Policy' and that the policy is through your ex's employer - then no, he can't just change it (unless, of course, the company changed policies).

If his wife's policy = less coverage and more out of pocket expense, having an issue with it doesn't make you sound uncooperative. If it was BETTER or CHEAPER, then you would sound silly.

 

[haiku]

yes you would need to know if his employer dropped the coverage, or raised the coverage premium to where it is no longer "reasonable" cost. And of course what would be the cost of YOUR insurance in comparison to his wifes ins. etc......

 

[CJane]

yes you would need to know if his employer dropped the coverage, or raised the coverage premium to where it is no longer "reasonable" cost. And of course what would be the cost of YOUR insurance in comparison to his wifes ins. etc......

I wondered about the employer raising the cost so that it's no longer reasonable, but apparently Noel's plan is very specific in the even that happens as well. I don't think there's any scenario where it's within the guidelines of the parenting plan for the child to be carried by the wife.

 

[haiku]

I wondered about the employer raising the cost so that it's no longer reasonable, but apparently Noel's plan is very specific in the even that happens as well. I don't think there's any scenario where it's within the guidelines of the parenting plan for the child to be carried by the wife.

true but I would be interested in the outcome if this goes to court.
I am also curious as to whether ro not he could challenge that, depending on the "reasonable" cost of insurance to her. (I know I would not have agreed to such a ristriction in the first place as the payer..) Though only the childs portion of a policy is pretty cheap, usually....

 

[CJane]

true but I would be interested in the outcome if this goes to court.
I am also curious as to whether ro not he could challenge that, depending on the "reasonable" cost of insurance to her. (I know I would not have agreed to such a ristriction in the first place as the payer..) Though only the childs portion of a policy is pretty cheap, usually....

Not around here! My policy through work will run me about $50/month just for me... if I add just the baby (since the girls are on my ex's policy) the premium will jump to $385/month. Not happening - he'll stay on MC+ (state policy).

 

[haiku]

Not around here! My policy through work will run me about $50/month just for me... if I add just the baby (since the girls are on my ex's policy) the premium will jump to $385/month. Not happening - he'll stay on MC+ (state policy).

which is a perfect example of how the Dad here "may' be able to make a case...

 

[ceara19]

true but I would be interested in the outcome if this goes to court.
I am also curious as to whether ro not he could challenge that, depending on the "reasonable" cost of insurance to her. (I know I would not have agreed to such a ristriction in the first place as the payer..) Though only the childs portion of a policy is pretty cheap, usually....

If this is the OP's Texas case, the outcome will almost assuredly be in dad's favor on this one. That is unless the wife has an unstable work history.

 

[CJane]

which is a perfect example of how the Dad here "may' be able to make a case...

I think, if his premiums jumped significantly, he could definitely make a case for not carrying the child anymore, under the 'reasonable cost' part of the clause. I just don't see any way for him to make a case that medical coverage wouldn't then revert to mom since that's what it says in the order. It's the whole putting the kid on smom's policy that I think is going to be the hardest sale for dad if this ended up in court.

 

[haiku]

I think, if his premiums jumped significantly, he could definitely make a case for not carrying the child anymore, under the 'reasonable cost' part of the clause. I just don't see any way for him to make a case that medical coverage wouldn't then revert to mom since that's what it says in the order. It's the whole putting the kid on smom's policy that I think is going to be the hardest sale for dad if this ended up in court.

well its not the first time a dad will have gotten to put his kid on his families policy. If step mom is carrying all the family in her household and can legally carry her step child, why not?

Also in alot of custody cases, if BOTH parents have insurance available ot them, they BOTH can be required to carry insurance, so dad could also petition that if mom wants BETTER insurance than he has available she can carry her own at HER cost.