Legal Question in Family Law in Massachusetts
I want to take my x-wife off my health insurance
I divorced 5 years ago. Both my wife and I agreed to all the terms and signed the paper work. I agreed to keep her on my health insurance as I didn't think it would be a problem at work. Now I want to re-marry and she will not agree to come off it. In the last 5 years she inherited a million dollars and I'm still plugging away at my job struggling from week to week. She has told me she will take me back to court for back payments on child support as I can't afford to pay her every week, I pay what I can when I can. What can I do to sort this out? She has also taken my son out of state giving me only 4 days notice. I don't have the money to instruct a lawyer, I have nothing, I don't even own my own home, I live with my girlfriend who has also recently financed my car for me as my credit is bad.
2 Answers from Attorneys
: I want to take my x-wife off my health insurance
You need to file a complaint for modification.
If you need assistance, call me.
Re: I want to take my x-wife off my health insurance
You should file a complaint for modification of the child support if your current income compared to your wife's current income would allow for a reduction. The Court could also consider the ex-wife's inheritance, but but this is discretionary.
Before you rush off and file a complaint for modification on the health insurance, however, you should know that you can have only one wife for health insurance purposes. If your divorce agreement was correctly written, you can simply notify the ex-wife of your marriage plans, get married, and then notify your human resources department that you have a new wife to put on the health insurance. Your ex-wife can stay on your insurance if SHE pays for it, if the agreement was properly written. Please note that I would like to read the agreement to confirm that advice.
The child custody matter is more difficult, without doubt. Much depends on what state she went to. If six months have not passed, however, you could seek a change of custody or an order returning the child to the state.
The court will not like the misuse of economic clout, whether from a woman or a man. If you would like an in-office consultation, please feel free to contact me.
Greg Lee
www.gregleelaw.com