Legal Question in Family Law in Texas
cobra plan
My husband provides 100% of health insurance for his daughter & pays 50% of uninsured expenses/prescriptions (including dental & eye care expenses)-all in compliance with court order & within 10 days of receipt of them. Her mother was providing secondary insurance,dental,and vision.She changed jobs and now has no sec. insur. or dental or vision coverage.My husband's employer doesn't offer dental or vision.I offered to cover step daughter on my plan,but mom refused it. She has chosen to take out a cobra plan for dental & vision for herself and daughter.Prior to these changes, daughter had braces & glasses. Braces have been removed & pd in full.New glasses & eye exam for year already done and pd in full for this year.The mother insists dent. and vis. insur. is a must & keeps sending us the bill for 1/2 of the ''pricy'' cobra plan that covers mother and daughter.Court order states only health insurance must be provided. Is he responsible for 1/2 of the total cobra plan which covers the mother & his daughter? It would be less expensive for us to pay 1/2 of dental cleanings. Eye exam and glasses are only covered once a year, which we have already provided. She keeps harassing us for our payment for the cobra plan. Please help.Thanks.
1 Answer from Attorneys
Re: cobra plan
He needs to do what he was ordered to do.
If he was ordered to provide health insurance coverage, then he needs to do that for his children.
If he was ordered to reimburse her for coverage she provides, then he needs to pay her.
If insurance is now available to him and it was not available to him at the time of the divorce then he needs to consider modifying his obligation with the court.
If the mother chooses to have additional coverage, it is her decision. However, unless ordered to do so he does not owe her anything.
I hope that I've not totally confused you.
Fran Brochstein
713-847-6000
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