Legal Question in Family Law in California
I currently reside in California. My husband is currently on my health insurance through my employer. He has two children from a previous marriage. We want to add them to my group health insurance. I spoke with my representative from human resources and they stated my step children are allowed to be added on.
My husband's ex wife carries her own health insurance through her employer and the children have been on her policy for the last two years. This was a verbal agreement between my husband and the biological mother. They did not go to court to change this.
Because we have added the children to my health insurance, she is demanding we pay for half of her health premiums while she carries the children on her policy. According to their 2007 Stipulation To Establish Or Modify Child Support and Order, my husband is to maintain health insurance for the children and any health expenses not paid by insurance will be shared 50/50 with the biological mom.
My question is are we legally bound to pay for half of the insurance when we have the children on our insurance?
2 Answers from Attorneys
The simple answer to your question, is NO, you do not have to pay for half of her premiums to maintain the children on her insurance. The only thing your husband would have to pay for is 1/2 of the unreimbursed medical, dental, vision or othodontic costs.
If the stipulation and order was signed and entered by the court, Mr. Schneider is correct. You carry the insurance, husband pays half and ex pays half of all non-covered expenses, she has no right to reimbursement for payments she is not obligated to make for insurance she is not obligated to provide. She has to go to court if she wants it different. If that stipulation was not ever submitted to the court and entered, however, then he and the ex have to go get an order sorting this out.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
