Legal Question in Family Law in Texas
Medical insurance
Currently my husband does not cover his son from a previous marriage on his insurance. The mother does because it does not cost her any extra to cover him since she has other children on her policy. When he married me, she has suddenly decided she wants my husband to cover their son. It will cost him $400 a month to do so. Can the child support be modified so we don't have to pay so much. This would double what he has to pay. He's a cop working for a small police department that does not offer good benefits.
2 Answers from Attorneys
Re: Medical insurance
You really need to get a lawyer to review his divorce decree. In Texas it is standard for the non custodial parent to pay for the health insurance in addition to support. Is she insisting on the change because she is mad because of the marriage or has she had a change in status? Depending on what the decree orders there are lots of possibilties. If the cost is $400.00 to your husband he can deduct that amount from his net in determining child support. None of us can answer the question fully without knowing the contents of the decree.
Re: Medical insurance
If the divorce decree requires the mother to maintain the health insurance, she cannot change it without an order of the court. If she should do so unilaterally, she might be found in contempt.
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