Legal Question in Family Law in Texas
My husband is active duty military and pays child support on his two boys already. His ex-wife is trying to make him pay all medical converage on top of the child support. Her job has medical coverage for the boys for free. Can she get what she is asking for?
2 Answers from Attorneys
What does the court order say? If it says he has to provide coverage, then he does. If it says that, and she has coverage for free, he should consider petitioning the court to modify it. He will need to weigh the cost of the court proceeding and attorney fees against what he will gain, if he wins. IF he wins.
If he is on active duty why aren't the kids covered under his military coverage? Depending on what the Order says, the fact she has coverage available to her has nothing to do with his obligation to provide coverage. Many Orders say that if you are ordered to provide coverage and don't then you are responsible for 100% of the medical expenses.