Legal Question in Family Law in California
My ex-wife and I split the cost of medical insurance on our two boys. I have an insurance policy on the boys through my work. My ex-wife has separate insurance policy on the boys through her partner's work. My question is if my ex-wife is not the one paying for this insurance and my ex-wife's partner has no additional cost to add our boys to her medical insurance policy, am I required to pay for half the insurance for our boys on that policy?
2 Answers from Attorneys
One does not pay normally for half of the insurance cost, but only for 1/2 of the unreimbursed medical, dental, vision, orthodontic or therapy costs. But, in no case, would your wife's partner need to be reimbursed. Good luck!
I completely disagree with Mr. Schneider - there is no automatic legal rule on this, only presumptions as to what is appropriate. What decides it is your current custody and support order/judgment. If it is unclear, then you have to go back to court for a modification. I can tell you, though, that no court is going to order two duplicate policies be paid for by either of you. So if you can't sort it out between you to keep the double coverage, the court is going to order one policy cancelled as to the children, or paid for entirely by the one who wants to keep it.