My ex-wife is threatening to take me to court for years of back pay of health insurance premiums for our children even though I haven’t had access to insurance even for myself.
Will I be forced to reimburse my ex-spouse for the cost of providing health insurance for the children?
She has insurance through her work so why can’t the children just be put on her insurance?
The answer to your question depends on a few factors. Do you have a current child support order, and are you ordered to pay for the monthly health insurance premiums for the children therein?
You may also be ordered to pay a percentage of uninsured expenses for the children in your order. These are extraordinary medical expenses, or expenses not covered by the children’s insurance. I would review your order for terms regarding those items, if you have one.
If you are currently ordered to cover the kids’ health insurance or contribute to their uninsured expenses and you haven’t been complying with that court order, then she may be able to file a motion to take you back to court regarding that.
With that in mind, if your ex has a job that is able to provide health insurance for the kids and you don’t, then the court will likely require that she cover the kids under her insurance, and the monthly amount of those premiums will be taken into consideration in the calculation of your monthly child support amount.
You would need to file a motion asking the court to require your ex to cover the kids under her health insurance, if that is a possibility.
I cannot give you specific legal advice as I am not familiar with the facts of your case. For a more in-depth answer, please consult a family law attorney in your jurisdiction.
Cordell & Cordell has men’s divorce lawyers located nationwide.
Janet Yu Johnston is an Associate Attorney in the Louisville, Kentucky office of Cordell & Cordell, where she practices domestic relations exclusively. Ms. Johnston is licensed to practice law in the states of Indiana and Kentucky. Ms. Johnston received her Bachelor of Arts in both English and Foreign Lanugage/International Studies from Bellarmine University in Louisville, Kentucky. She later received her Juris Doctor from University of Louisville, Brandeis School of Law.