Legal Question in Family Law in Massachusetts
My husband carries health insurance for his children and pays for it all- his ex has no health insurance for the children. On of the children recently got braces and the bill was split 50/50. Insurance will cover up to $2000 for the braces- shouldn't that $2000 be applied to my husbands portion of the bill? Or does it have to be split between him and his ex? I think it is unfair that she benefit from the insurance discount if she is paying nothing for the insurance.
2 Answers from Attorneys
Most Separation/Custody Agreements split the uninsured portion between the two parents, so that both parents can benefit from the insurance. And yes, I believe that is fair in most cases.
The answer lies in the divorce judgment. Usually it says that the uninsured medicals will be split by the parties. This means that the insurance pays a portion and the balance is the uninsured medicals that are split. This may not sound fair to you but the judgment controls. There is logic to this in that the child support order was made with the order for payment of medical insurance and uninsured medicals. If the order were to change as you propose, the child support order would likely be higher.
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