Legal Question in Family Law in California
I just applied for healthcare for myself in california through my employer and my employer told me he got an order telling him that i have to insure my child as well .. however.. my child is a Canadian citizen and has universal health care.. which means shes covered already. I talked to child support services and they told me to file a motion in court to have my original ordered altered of covering her. Will a judge grant me this? and what other proof do i need because it is already on File that she was born there and by being born there she has the right to health insurance there .. and she has used it. If i give her private insurance would that mean shes double covered? cant wait to get an answer for this.. and thank you..
1 Answer from Attorneys
That is a very interesting scenario. You should definately file a motion in court to have the original order for health insurance modified. However it is not unusual for the standard order to require both parents to provide health insurance for the child. This is because that in case of one parent losing their job, the other parent can provide health coverage for the child. However with the issue of universal coverage, if she is a full time resident of Canada, then her coverage should be adequate. However wha thappens if she comes to the US for visits? Then she would not have coverage? That might pose a problem for the court and they would want her to be covered under your policy, especialy if it is affordable and through your employer.
For self represented individuals you can consult with the family law facilitator self help center at your local court house.
As always please consult a local attorney prior to taking legal action. Good luck. Also please check out my Santa Clara County Family Lawyer blog.
Law Offices James Chau
1625 The Alameda Suite 204
San Jose, CA. 95126
http://www.jameschaulaw.com/
http://sanjosefamilylawyer.blogspot.com/
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