i am the non-custodial parent & pay monthly child support to my ex-spouse. my ex-spouse carries the health insurance on my children. it has been that way since we divorced & is stipulated in the separation agreement that he is to do that. he also gets a credit for the health insurance on the child support calculations. i am required to pay 1/2 of all out of pocket medical expenses. last year my ex-spouse’s employer changed health insurance companies. now, my ex-spouse has to meet a very large deductible before his insurance will pay anything at all (even on normal doctor visits & medications). Until that deductible is met, we have to pay 100% on everything medical. i decided to add my children to my health insurance because my insurance is not like that. there is only a $25 copay on normal doctor visits & $40 copay on name brand prescriptions. 2 of my 3 children take Concerta for daily for ADHD which is very expensive at 100%. they also have to go to their primary doctor every 3 months for routine check ups & we have to pay 100% of each visit until the deductible is met. here is my question: once i give him all the information on my new insurance with the lower out of pocket medical expenses & for some reason, he chooses not to use it-can i get in trouble for only paying him 1/2 of what the out of pocket medical expenses would be on my insurance? i am not trying to change the child support in any way. i am just trying to save us both some money out of pocket but his new wife is not very nice & she may convince him not to use it just to spite me.
He may attempt to sue you for breach of contract, but I do not think you would be forced to pay the expenses that were unnecessarily incurred by failing to use the insurance you are providing.