Legal Question in Family Law in Oregon

Medical insurance - modification of existing order.

YOUR QUESTION:

When my custody, visitation, and child support order was drafted, I had medical insurance for my son. I have since changed jobs and it is no longer offered. It is worked into the support order that My ex pay for the cost of my former insurance. He is able to get insurance through his employer but will not because it is worded that I already had insurance that he is paying extra for. No exceptions were made in the event I could no longer carry insurance. What steps do I need to take to get this changed and do I need legal representation to make them?

ANSWER:

Go to your local District Attorney�s office or Division of Child Support Office and make application for support enforcement services. There is no cost for doing this. In particular, you need to ask the enforcing agency to seek modification of the existing child support order so as to include a provision requiring the child�s father to provide �satisfactory health care coverage� for the child. This might also involve a readjustment of the child support obligation, depending on father�s out-of-pocket cost for providing the health insurance coverage.

For office location info, go to:

http://www.dcs.state.or.us/office_info/default.htm

(The fact that you previously provided the health insurance coverage and that the wording of the existing order says nothing about what would happen in the event you could no longer do so is not going to be a problem. By operation of law, the court always has the authority to modify court order regarding child support, including provisions regarding with parent will maintain the health insurance coverage, whenever a substantial change of circumstances occurs.)

LAWRENCE D. GORIN

http://www.divorcesource.com/OR/pages/ldgorin.html

Law Offices of L.D. Gorin

521 S.W. Clay St., Suite 205

Portland, Oregon 97201

Phone: 503-224-8884 (afternoons, Pacific time)

Fax: 503-226-1321

E-mail: [email protected]