Legal Question in Family Law in New York

I live in New york and have Joint Custody:

I Have two questions: one- I had my ex-husbands wages garnished 4 years ago, it includes medical insurance,we have always split the cost 50/50, . Last June I added my daughter to my new Husbands insurance and discontinued payments. My ex was against this, because he feels as her father the medical insurance should stay with him. Now my ex is taking me to court because I never amended the order to stop the insurance coverage and because he was under court order he had to continue with the coverage and wants me to pay me 50%.. Am I liable for the payments?

Two - My daughter, now 11 has told me she wants to spend equal time at both homes - one week here , and one week at her dads (she has two half siblings at her dads) do I have to let her, and if I say no -can he take me to court since this is what she wants? We have Joint custody and I know he would love to have her more but I am against this...


Asked on 6/11/12, 9:32 am

1 Answer from Attorneys
Paula McGill Paula McGill Attorney at Law

First and foremost, follow the court order.

If you want a change in the order, you have to go to court. If he wants a change in the order, he has to go to court.

Therefore, for one, the judge may require you to go to pay 50%. However, you should ask for a modification to keep your daughter on the other insurance. You should be ready to compare and contrast the two policies to show which policy provides the better coverage. The court MAY issue an order that requires you to pay past payments, but moves your daughter to your husband's policy for the future.

For two, follow the order. If you oppose your daughter's request, the father will have to seek a modification of the order. The two issues may be handled in one proceeding.

Also licensed and practicing in New York.

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Answered on 6/11/12, 7:14 pm


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