I have been paying for health insurance as stated in my divorce decree for 8 years. Can my ex change this?
We have 2 children. A few months ago, he added them to his PPO health insurance policy. Now that our oldest has turned 19, he, understandably, wants to modify the child support. Problem is though, that he feels that I am paying too much for health insurance and since the child support is factored by the fact that even though I am the custodiall parent, our divorce decree states that I am to have them covered (as I have for 8 years). His policy is much cheaper but only because it is PPO. I know that he wants to see if a judge will now say that it is his responsibility to have our daughter covered by his policy and not mine. We're in Alabama. Can someone tell me how likely this may be? Thanks!
Answers:
I think if a noncustodial parent can prove the ability to obtain coverage for a child that is similar to (or better than) the coverage currently in effect, and can do it for less money, a judge in a modification case will probably let that parent pay for coverage and have a credit against support. However, in your case, you pay no more for the child's coverage than for your own, effectively making her coverage free in the current situation, and I doubt that a judge would change the responsibility for health insurance from you to your ex unless he can show that his coverage would be massively better (like, say, 100% coverage vs. 50%). Of course, if there's some home cooking and the judge is likely to rule in your ex's favor no matter what, it might be hard to resist a settlement, but I think you've got the facts and law on your side.
To the first poster: the legal age of majority in Alabama is 19, not 18. To the second poster: I doubt postminority college support could be extended to the age of 31, although disabled kids can arguably get support for life.
if the kid is 19, I would have changed the decree when the kid was 18,, legal adult,, if your ex wants to cover the kids under his cheaper PPO then he should try to do it, Dont know how the good ol boys in Arkansas are but here in AZ, they just wanted the kids covered by whomever,, they didnt care who,
I had my second wifes kids on my policy ( family policy so it didnt cost any more with her kids on there since I had some )
her ex never said Thanks, hell I saved him a bunch of money,,
Your in Alabama. They'll make him pay support till your oldest is 31 if you tell the court's that what you want.
So they'll probably not change anything.
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