Legal Question in Family Law in New Jersey

I'm a non-resident dad who was never married to the mother of my child. I make regular court-ordered child support payments. My daughter's mother - as a teacher - has comprehensive health insurance coverage for both herself and my daughter for which she makes no contribution from her paycheck.
Two questions:
1) Am I legally obligated to go out and obtain SECONDARY health coverage for my daughter, even though - as mentioned above - she's FULLY covered under her mother's plan?
2) Can my daughter's mother attempt to collect from me - via child support - monies for health insurance coverage (regular payments of premiums) when she herself has nothing deducted from her paycheck to fund the coverage?

Asked on 5/04/10, 10:50 am

4 Answers from Attorneys

Jef Henninger, Esq Law Offices of Jef Henninger, Esq.

0 users found helpful

0 attorneys agreed

There should be a court order that handles all of these issues. If there is no court order, there is nothing for her to enforce.

Answered on 5/09/10, 10:58 am

Mark as helpful

Robert Gleaner Robert A. Gleaner, P.C.

0 users found helpful

0 attorneys agreed

I am not sure why this question is being asked. If you are making Court Ordered child support, wasn't that issue brought up during that determination? If you are paying toward the insurance, some proofs must have been given that payments are being made by you. If you are not paying toward the insurance, why is this an issue now? Bottom line - you only pay toward insurance if there is a cost.

Keep in mind that this advice is given based on the little bit of information that you have

provided in your question. My advice may change based on other information. Further, no one

can rely on advice from an attorney who has not been retained. You cannot rely on this advice because we have not personally met and you have not retained me as an attorney. If you have any questions whatsoever, you should meet with an attorney for a full consultation before you take any further steps. Good luck! Rob Gleaner

Answered on 5/09/10, 12:29 pm

Mark as helpful