Legal Question in Family Law in New York

My son's mother and I have 50/50 joint custody. We have a mediation agreement that states he should be going to my school district but when I moved temporarily, instead of switching schools twice in two years, we decided together that it would be in his best interest that he would move to her school district in the next county. Other then that, we follow the mediation schedule, everything is split equally. There is no mention of child support or insurance coverage. Our son is her only child while I have three more with my wife. I do make more money then she does, she owns her home, I rent. She is a two income household, us one. She recently signed up for Temporary cash assistance, medical assistance, and Food stamps. I recieved a letter in the mail the other day from the Child support enforcement division stating that because there is no order in place regarding medical insurance for our son, we have to go to court to determine if I can get it for him through my employer. Although insurance is available from my work, I absolutely cannot afford it. It is free for myself but much too expensive for my wife or children so we don't have it and are in the process of applying for Medicaid. We are 'just' not eligible for Food Stamps but are for certain Health Insurance programs. My question is, Will the courts force me to Insure my son through my work? I really can't afford to pay for it so would we just be able to put him under whatever Insurance I get? IE Child health plus, Total care, etc.? Also, because this is happening through the Child Support division, does that mean I will have to start paying child support even though we have 50/50 custody? I'm sorry this is so long, I just wanted to provide any details needed..thank you.


Asked on 6/20/10, 12:48 pm

1 Answer from Attorneys

Debra Palazzo Law Offices of Debra Palazzo, LLC

If the child lives with the Mother, you are liable for CS even though you have 50/50 custody.

Unless, the two of you properly opted out of CS according to the law.

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Answered on 6/22/10, 9:29 pm


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