Legal Question in Family Law in New York
which health insurance
As part of my divorce agreement , I am to provide health care coverage for my daughter, age 18 , as long as I qualify for it. I recently remarried , and since my wife had much better healtgh coverage , I dropped my family policy through my place of employment , and adopted coverage under my wifes family policy , which now also covers my daughter. Her policy is much better than my old coverage , which didnt cover anything. (This change occurred Jan 1, 2004). I now get a letter from Dutchess County SCU Medical Support Unit, basically saying I now must re-instate my Health Insurance through my employer. Since the policies are mutually exclusive , I am reluctant to switch back to my old policy , since it didnt cover anything , and now it would apply to my entire new family as well. Why wont they allow coverage under my wifes policy? Does it matter if she pays the healthcare or I do? Even if the coverage is worse? Sounds like they care more that it gets deducted from my pay than the quality and amount of coverage for my daughter.
2 Answers from Attorneys
Re: which health insurance
Can't say for sure why they are requiring you to reinstate your old policy, but I'm willing to hazard a guess. As you are now under your wife's plan, you are no longer in cotnrol of the policy and all provisions and terms are under your wife's discretion and can be changed by her without your approval, therefore if she decides in the future to remove your daughter (or you) there is nothing you can do about it. The Court probably wants to make sure that this possibility cannot occur and therefore wants to make sure that you maintain a policy solely under your discretion. Even if it is a worse policy (in your view) for the County's considerations it is better to have bad health insurance than the possibility of no health insurance at all.
Should you like to discuss this or any other legal matter, you can call my office to schedule an appointment for a consultation or in the alternative, I can be reached for on-phone low-cost legal consultation at 1-800-275-5336 x0233699.
Re: which health insurance
It may be the mother complained because she considered it offensive to have your wife's name on the insurance card; there may be overlapping coverage, that results in more out of pocket for the mother; (most likely) the new policy and coverage was not included in the original Court Order.....; or your County is misreading the application of the health insurance statute,....
Suggest: a) Ask the Court or AGency what needs to be done to show compliance; [again] provide the Court with proof of continuing coverage for your Child; b) make certain of the ease of use of the insurance by the mother.
OR: File a MODIFICATION PETITION FOR THE INSURANCE. COMPONENT OF THE CHILD SUPPORT ORDER.
Ask the Court to change the order to the "new"insurance company.
GOOD LUCK,
PHROSKA L. McALISTER,ESQ
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
