Legal Question in Family Law in Texas
Step parent providing medical insurance
I am engaged to be married in February to a man that has custody of his child. His ex wife is ordered to pay child support, provide medical insurance (or pay the father if he has a provider through his job), and pay half of all medical expenses. Since the order has been established she has not provided medical insurance at all. My fiance contacted TEXCARE and they rejected his file and told him that he makes too much money. His job does not offer medical insurance only a discount plan that isn't worth much. I was informed by my job that I can enroll his son under my insurance once we are married or even if I provide a copy of a common law marriage certificate. I am more than willing to do so because I know he needs it.
But I am wondering if I do that will the ex wife then be required to reimburse me for the insurance and any medical expenses? Or will she be released from such obligations? Would I be able to file contempt charges on her if I carry insurance for the child or not? Would my fiance need to get the papers modified? Should he file contempt charges against her first for not providing insurance, non payment of child support, and reimbursement for medical insurance and expenses he paid?
2 Answers from Attorneys
Re: Step parent providing medical insurance
You are not mentioned in the child support order, so you could not be reimbursed for the insurance or seek contempt unless the order is changed. Your finace should seek delinquent child support and medical payments for insurance against the ex-wife.
Re: Step parent providing medical insurance
I agree with the first attorney.
If your insurance is the best and cheapest available, then I'd add him.
Usually in Harris County, we file contempt then eventually modify the original orders.
The facts you presented occur often in Harris County. The courts are used to handling these sorts of cases.
The father will need a certified copy of the Divorce Decree and her child support payment record and proof that he's notified her of her 50% of uninsured medical and that's she's not paid it.
Our deposit in our office would be $1,750 to start a contempt case. We would ask the Judge to order her to pay some of our attorney's fees as punishment. The Judge makes the final determination.
You can email me directly. I'm not allowed to include my phone number in my response to you.
I'm home today taking care of my own kid that was just hospitalized for a severe infection.
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