Legal Question in Family Law in Iowa

Re: health insurance for child after divorce

An employer has absolutely NO interest in what a peson is required to do according to a divorce decree and has absolutely no right to insist that an employee use its insurance carrier to fulfill obligations under the divorce decree. The only place to get approval for change is through the court.

If you can negotiate no objection from your ex-spouse, you'll be ahead of the game. Try that first, before filing an adversarial motion. Most courts require that you do this as a preliminary step.

I strongly suggest getting pre-approval of any insurance changes. The court will have to be convinced that the new policy is at least as good as the one offered through the employer. Be prepared for the court to be skeptical, however, because at least if the policy is through the employer, the court need not monitor whether you are paying the premiums on time.

Remember, the goal is to cover the medical needs of the child, and that is the court's primary concern. Secondarily, the court does not want to have to monitor compliance, so you would have much more freedom in choosing the level of insurance coverage than you would the method of obtaining coverage.

Why not explore tax-reduction strategies rather than merely looking at the cost of premiums? Look into medical savings accounts, etc.