Question:
My divorce decree states I must carry health insurance on my child.
My ex-wife refuses to allow me to do so and makes me pay her the insurance she provides, though it is more expensive and the same coverage as what I can provide.
How can I get this corrected so I am in compliance with the divorce decree and reduce my expenses?
Answer:
I am unable to give you legal advice on divorce. I can give general divorce help for men, though, my knowledge is based on Nebraska divorce laws where I am licensed to practice.
If your divorce decree states that you must take some action, then it is not up to you or your ex-wife to decide differently.
I am not sure how your ex-wife is keeping you from carrying insurance on your child. If she is doing so verbally, then you can certainly disregard what she is telling you since you have an obligation to follow the decree no matter what she says.
If she is taking some other action which precludes you from following the divorce decree (for instance, refusing to provide an address or social security number), then the next step would be to hold her in contempt of court.
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Your ex-wife is free to carry insurance on your child if she chooses to do so. However, you do not need to pay her for anything unless the decree specifically orders you to.
From the limited facts provided it would seem that you can simply refuse to pay your ex-wife for any health insurance costs that she has paid.
Remember, I am unable to provide you with anything more than divorce tips for men, so please consult with a divorce lawyer in your jurisdiction.
To arrange an initial consultation to discuss divorce rights for men with a Cordell & Cordell attorney, including Omaha, Nebraska Divorce Lawyer Nancy Shannon, contact Cordell & Cordell.