Legal Question in Family Law in Maryland
Child Support and Health Care Responsibilities
When my ex-husband and I divorced I had health care coverage for our three children through my employer with the county for $100 a month. I continued that coverage. Our divorce decree stated ...''Wife shall continue in full force and effectk for the benefit of each child, her present medical and dental insurance, or equvalent insurance providing equivalent coverage, as long as it is available to her through her employment under current circumstances at a reasonable cost''. Then it goes on to say that each parent shall be equally responisble for one-half of all necessary medical, psychiatric, dental etc...
Well, I lost that health care because my position was eliminated. So I got insurance through the state with MCHP (a program for low income women and children) Had that for almost two years. Now I'm losing that because I remarried last month. When I presented the issue with my ex-husband he said he refuses to add them to his insurance and said he doesn't have to pay for any of it let alone half. He pays me child support directly now. I'm thinking of going through Child Support Services. Can I make him pay for thier health care all or in part? Please help, they lose thier insurance the end of the year. Thank you...
1 Answer from Attorneys
Re: Child Support and Health Care Responsibilities
Under the terms of your agreement, you are required to provide health insurance as long as its available through your employment and at reasonable cost. If you cannot obtain employment despite good faith efforts to do so, or if the employment you are able to obtain doesn't offer reasonably priced insurance, you are not required to meet that obligation. Under those circumstances, the back up clause kicks in--the one which requires each of you to share the cost of the children's medical bills.
If the father is able to obtain insurance through his employment, the sensible thing to do is to agree that he will do so and that the additional premium cost be treated as part of his child support obligation. This should be cost effective for both of you in the long run.
If your ex won't agree to this, you can go back to court and file a petition to modify child support on the basis that you will incur more medical expense. If the agreement does not have a clause prohibiting court modification, you can ask the court to order him to provide the insurance for the children.
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