Legal Question in Family Law in Texas
Dual health insurance
I am required to provide insurance for my son, which I do. My ex-wife's husband also carries my son on his family coverage thru his employer (at no additional cost as he has 3 children of his own). My ex-wife contends that I have no right to benefit from the seconday insurance and that I should give her half of what my insurance doesn't cover. My decree says we share uninsured med exp. 50/50, and I contend that is after deducting what both insurance plans pay. Who is correct?
2 Answers from Attorneys
Re: Dual health insurance
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Re: Dual health insurance
Generally orders include a reference to obtaining secondary insurance coverage - you should check your order to see it includes text related to that matter.
The purpose of orders for payment of the uninsured portion of health care bills is to be certain the provider is paid - not to give a parent a windfall sum. The order you have probably says that each party is to pay 50% (or some other percentage) of the expenses not paid by insurance. It means what it says - whatever is not paid is what you split.
I suggest you retain a lawyer if this matter becomes an issue.
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