Legal Question in Family Law in Texas

My ex-husband and I have joint managing conservatorship of our son. I establish our son's residency and my ex pays me child support, including monthly reimbursement for medical insurance which comes directly out of his paycheck and is sent to me through the disbursement unit along with the rest of the child support. My current husband just got a job with great benefits, to include covering my son (his step-son) on his medical coverage at no charge. The deductibles are lower and the co-pays are less expensive. So I have two questions, really: 1. Even though I verified my son's eligibility with their benefits department, I would like verification from an attorney that this is all "legit" before I cancel the individual insurance plan I have for him. Can a step-parent provide coverage for a child he hasn't adopted? And whose father pays child support? 2. If so, how should I go about reimbursing my ex for the premiums which come out of his check? Does he need to file for a modification to the divorce decree? I hesitate to make informal payments to him (long, bitter history.) Unless and until we get a modification, could I route that money into a college savings fund or something of the sort? Thanks for your help!


Asked on 7/23/09, 1:51 pm

1 Answer from Attorneys
TC Langford Langford Law Office

If the insurance company will accept his stepson (common), then it is acceptable to the court.

If your exhusband wants to stop the withholding, then he need to file a motion to modify, and an agreed termination of withholding. This should be his expense, not yours.

By certified mail, and copy to the court, you can provide him with a new insurance card for your son, together with a refund (check or money order) and an explanation. Keep a copy. Until withholding is terminated, you can send it to him each month CMRRR, and deduct the $6 or so postage for sending it CMRRR>

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Answered on 7/24/09, 8:42 am


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