Health Insurance and Child Support Order

Background Info…
Separation papers from April 2017 were incorporated into divorce decree May 2018. Papers say that husband currently had insurance on the kids and will continue to carry insurance on them. Child support was done accordingly reflecting he paid insurance. Both parents are supposed to split what insurance doesn’t cover 50/50.

July 2018 - Ex is fired from job and lost great insurance. I’m a teacher so I added them to mine via a life event effective August 1, 2018. Ex agreed to pay me directly for the premiums since he was supposed to carry insurance and was not able to. The week before he was fired, he was caught up on his half of medical bills and had a zero balance for what he owed me.
He paid a couple of months of premiums directly to me.
Court in December 2018 sets new CS order effective Nov. 2018 for new lower amount plus arrears and it shows me paying for insurance so that all washes out in the end and he no longer pays premiums to me in addition to child support.
Open enrollment in October 2019 - I asked him if he wanted me to continue to keep insurance on them or if he was going to. He said for me to keep them on mine because mine is cheaper. Fine with me.
January 2020 - we sign a consent order to adjust CS as one child has gone to live with him. Both children still on my insurance and Ex has not paid his half of a medical bill since July 2018.
April 2020 - child is back home (had to see grass wasn’t greener on the other side for himself). I filed a motion to adjust CS again. Using worksheet A, I let him know what it would be so we could do consent order instead. Ex says he can’t afford to pay that much CS and that he can’t pay anything that his bankruptcy attorney doesn’t say he can pay. (That’s a whole different issue with his case being up for dismissal because of fraud). CS court is set for June 26
Later, he offers to put them on his insurance (through his current wife’s employer). He refuses to answer any questions about it…copays, deductibles, coinsurance etc. Since he hasn’t paid any of these in almost 2 years, I don’t foresee him paying them anytime soon so it matters to me what these are. Demands I take them off of mine and send him a letter saying they have been removed. Told him I can’t until I show they have other insurance since it’s not open enrollment. He says if I don’t then he will just go get his own insurance policy that will cost even more (I’m guessing he’s referring to putting them on his employers insurance).

He finally sent me all of the information I requested last night. His proposed insurance is around $200 a month, mine is $320 (both are for medical, dental and vision). But his has a higher deductible ($1000 more), higher copay ($10 vs $40 or more), higher co-insurance (20% vs 25%), etc. That is all extra money I don’t have.

So, my questions…
Do I have to take them off of my insurance and let him be the one to provide insurance since he keeps reminding me that’s what our divorce papers say. They say a lot of things that he doesn’t do. I can’t afford anymore out of pocket expenses. It would be different if he was paying his half, but he’s not.

Can we both keep insurance on them and put that on both sides of the worksheet?

I know I will have to eventually take him to court for contempt to collect the medical expenses and other money he owes per our separation/divorce papers.

Thanks for your time.

You must follow what the most current child support order states as that is the document that controls. The original settlement in regards to child support is irrelevant at this point since the court has modified the child support terms since the child support settlement was first entered.

It appears that the most recent child support order was entered 1/2020. I am assuming that order states that you must maintain health insurance for the children. If so, then you need to continue to maintain that at least until the next court of 6/26.

In preparation for the 6/26 modification court date, you can negotiate who will maintain the health insurance. It may be better for you to maintain it since your deductibles, copays, etc. are lower than his and he has a long and on-going history of not reimbursing you for uninsured healthcare expenses are required in the order.

Anna Ayscue

Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest

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