Legal Question in Family Law in Kentucky
During the divorce I became the responsible party for providing medical insurance coverage for both the children because I was the one with the stable job. This has been for 2yrs now. My ex recently informed me that he now is covering the children though his work's insurance and wants me to cancel the coverage I have through my job. He didn't go through the courts to get this changed but figured he would do it one his own. He told me he will take me to court later and I will have to pay him back the overpayment in child support from the time he covered the girls. Since I am court ordered to provide the insurance, can I legally drop coverage and will i have to pay back the "possible" overpayment in child support since he is not the legal person to cover them? I told him I do not believe I can just cancel the coverage until a judge tells me to and told him he should have taken me to court first if he wanted to become the responsible party for medical insurance. Any info will help. Thanks so much!
1 Answer from Attorneys
You are techically correct about the insurance coverage, but in the real world things a usually more flexible. In other words, it would be highly unlikely for you to get in trouble for dropping insurance if your ex has picked it up. The more important question is who can provide the best coverage for the cost involved.
As for making you pay back the "overpayment", that is not an option for him. Child support is not modifiable retroactively. The clock starts ticking only when a motion to modify child support has actually been filed. Anything that accrued prior to that filing date cannot be modified.
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