Legal Question in Family Law in Texas

I was divorced over 14 years ago, I must, by the decree, provide health insurance to m two boys, one will be 21 the other is only 17. I lost my job in December and my benefits too. My ex is threatening me with libel if I don't provide the insurance. I can see providing for the 17 year old, but not the oldest. I do not have any coverage at this time for myself and my current wife. What do I do??


Asked on 6/02/11, 10:05 am

1 Answer from Attorneys

Fran Brochstein Attorney & Mediator

1. Read your decree and see what it says about these kids! It could state that your obligation to the oldest one ended when he graduated from high school or turned 18 - unless the child is permanently disabled or if you agreed to something else voluntarily. You need to read it and figure out what it says. That is what you are ordered to do by the Judge.

If you don't understand it, then pay a lawyer to read it to you.

If your obligated ended for that "child" then there is nothing she can do to you.

2. She has her terminology wrong. She can sue you for contempt of court -- but not libel.

3. I would consult with a family law attorney in your county for your options.

4. You can probably obtain health insurance coverage for the 17 yr. old fairly cheaply. Call an insurance agent & find out. I bet it's around $100/month if he is healthy. But, I suspect that she will have to cooperate in obtaining his health insurance coverage since she is the primary parent.

5. If your ex works then she can add him to her coverage if she has insurance available to her and then you can reimburse her for what it costs her.

6. In summary, the judge just wants the kid insured -- how it occurs is really not important. Judges like people to use their common sense and to work together to parent their children.

For example, if I was this kid's parent I would have the kid insured tomorrow in case he got hit but a truck & I'd figure out a way to pay for it later.

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Answered on 6/02/11, 3:53 pm


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