Legal Question in Family Law in Florida
Non-Custodial Paren Insurance Responsibility
Are there any guidelines pertaining to non-custodial parents' insurance coverage on children? My ex-husband has catastrophic insurance on the children that has a $4500 deductible. He has been ordered to keep insurance on the children but I do not feel that this is insurance. Can I legally make him get regular insurance on the children with a lower deductible, for example a $500 deductible?
3 Answers from Attorneys
Re: Non-Custodial Paren Insurance Responsibility
Is he going to satisfy the deductible? If not, you might convince a court that this is no insurance at all. I cannot imagine a "father" would place his children in a position of having no medical insurance, but there are some that do.
If there was or is a property settlement agreement, it should have been covered somewhere in there so that there could be no doubt.
If not, you will have to go back to court. The guidelines are whatever you make them.
Re: Non-Custodial Paren Insurance Responsibility
Courts cannot generally dictate coverage terms for children's health insurance. Assuming there was nothing specific in a Marital Settlement Agreement or Court Order you would need to ask the Court to modify the Court Order to require him to provide better coverage. Your best bet would be to obtain better coverage and then seek a Modification of Child Support based on the increased cost for health insurance.
Re: Non-Custodial Paren Insurance Responsibility
Darren's analysis is correct. First look to your original marital settlement agreement or court order. If there is nothing specific regarding the amount and type of health insurance, or if he didn't agree to pay the deductibles (normally they are split 50/50), then you will have to find your own insurance and ask the court for a modification of child support.