Legal Question in Family Law in Pennsylvania

Child support for disabled child

Hi I recieve Child support my my 12 yr old who is disabled. She is in and out of the Icu constantly. My current husband pays her health insurance, but her biological dad who does pay 400 a month in support(no insurance) he is able to get afflac(subsadized insurance) paid to him when she is in the Icu.. So I am the one who sits day and night with her while shes inpatient and i am unable to work do to her illness. So my question is do i have a case to get a portion of that afflac money for my child? We live in Blair county in PA..Thank you very much for your time


Asked on 3/18/09, 11:09 am

1 Answer from Attorneys
John Davidson Law Office of John A. Davidson

Re: Child support for disabled child

As a former AFLAC employee I can tell you a few things: one generally the insured not his employer pays for the AFLAC coverage. Two, the point of having such a policy is to help you cover the out of pocket costs not necessarily medical of being in ICU.

I think one could make a good argument that if dad is collecting on the insurance and he isn't missing work he should use some of the money to help you out. I can't think of any case law to support that position off the top of my head. Though I know some places I could look.

If you have any questions feel free to contact me. The initial consultation is free.

{John}

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Answered on 3/18/09, 5:31 pm


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