Legal Question in Family Law in Connecticut
I have joint physical custody of my children. During our last court visit, the judge granted me the right to have my children go to the school in my town versus their mother's town because of the better school system, which they have been doing for over a year and a half now. I have my children approximately 70% if the time and their mother has them 30% of the time. I am still paying her $1,000/mnth for child support as well. The children are currently on Husky for medical benefits, however my younger child is having difficulties and I would like him to see a specialist who does not accept the Husky program. In the original divorce decree it does state that either the mother or father will put the children on their insurance through their prospective employers� when/if it is feasible for them to do so. I am financially able to have them on my insurance now and feel that my child needs better health care than he's receiving. I have been taking my child to ALL of his appointments for the past two years. I asked my ex to contact Husky and remove my younger son only from the program and to keep the older son on the program so that she would not lose coverage for herself. She said she cannot do this. I said then you are going to force me to place both of the children on my insurance and you will have none. She said that it is against the law for me to make her go without insurance. She said I will have to bring her back to court. (Which seems to be her response anytime I mention trying to improve my children's life and future.) The original divorce decree NEVER stated that I am in any way responsible for her insurance coverage. Is she correct that I cannot remove the children from Husky? I have already spent almost $6,000 on a lawyer in order to have them go to my school system, I really cannot affor to bring her back to court, so any advice is greatly appreciated.
1 Answer from Attorneys
I don't know all the facts regarding whether she is employed, etc., however, I think your request is very reasonable and in the best interest of the children. It is not "against the law" to "take" her off the insurance in this particular set of facts since she is responsible for her own insurance. However, what if you took your children off Husky? I am not so sure you have to rely on her to do it, although I don't know for sure. If you can put them on your insurance then you should do so. However, remember that it is always best to get a lawyer's advice before you proceed, because otherwise you do so at your own risk. Nevertheless, if the decree says that they should be on a parent's insurance if that insurance is available at a reasonable cost, then that is what you need to do. She is on her own.
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