Legal Question in Family Law in Maryland

Medical Insurance: Obligation and Copays

I married in 89, had a daughter in 92, separated in 94, and divorced in 98. In 99 my ex-wife put my daughter on her new husband�s medical plan (not asking/telling me at the time). She�s insists on continuing our daughter on her husband�s plan (free/Union), and I had to drop her from mine (paid/no dual insurance plans). She says that she has no direct insurance from an employer (unemployed), so I am �out of compliance. She is demanding 100% payment of copays. Agreement: �The parties agree that Husband shall maintain medical insurance coverage for the Child as long as his employment offers such coverage. In the event that Husband�s employment does not provide for such coverage and Wife�s employment provides for such coverage for the Child as long as her employment offers such coverage. Parties agree that they shall divide and each pay one half of the medical and dental bills for the Child not covered by insurance.� 2 questions regarding leverage my ex-wife is trying to use against me and my relationship with my daughter (withholding visitation pending payments): Is there a dollar limit on the �medical and dental bills not covered by insurance� to be divided? Is my ex-wife now legally obligated to continue medical coverage?


Asked on 7/01/07, 1:27 pm

1 Answer from Attorneys
Bill Wood Law Office of William C. Wood, LLC

Re: Medical Insurance: Obligation and Copays

The agreement controls regarding co-pays: you each pay half. There is no dollar limit on uninsured medical expenses. I don't think your ex is "legally obligated" to continue coverage by virtue of the existing situation. If either of you filed for a modification of child support, any credits you received in the existing order for health insurance premiums would go away.

Regardless of any dispute you and the ex have regarding financial issues, she may not withhold visitation. Assuming you have visitation rights as part of the final judgment of divorce and/or the separation agreement, she is the one who is not in compliance.

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Answered on 7/01/07, 2:06 pm


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