Per my divorce decree, I am responsible for paying child support and my children’s health insurance.
I can no longer afford to enroll my children in health insurance offered through my work and would like to enroll them in a program offered by the state. However, my state requires the custodial parent (my ex-wife) to enroll the children, and she is refusing to do so.
Can I take her to court to force her to enroll our kids in the state program or will I be forced to carry them on my employer’s health insurance that I cannot afford? Will my child support be modified?
I can give you a general overview of the law regarding child support and health insurance, but I cannot give you legal advice on divorce.
Because your divorce decree requires you to pay for your children’s health insurance, you would have to file a Motion to Modify asking the court to modify the child support and health insurance provisions of your divorce decree due to the increase in the insurance premium.
You can argue that you cannot afford to enroll your children in the health insurance program offered through your work. However, the judge will likely order you to provide health insurance for the children.
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As part of your argument, you can propose that the children be enrolled in the program you prefer. However, you will need to confirm that you meet the income and eligibility requirements for enrolling the children through a state program, given that they currently have insurance.
Even if you make this argument, it is not guaranteed that the judge will order your ex-wife to enroll the children in the new program, especially if insurance is available through your employer.
If the judge orders you to continue paying the health insurance premium, this amount would be deducted from your net income when calculating child support. Therefore, your monthly child support obligation should be reduced based on the increase in the insurance premium.
This is not to be taken as legal advice on divorce as I have only provided you with general divorce tips for men.
To schedule an appointment with a Cordell & Cordell mens divorce attorney, including Belleville Divorce Lawyer Erin Brockhoff, please contact Cordell & Cordell.