Insurance premiums

North Carolina Divorce Law Divorce and Separation Answers
1

Hello,
When our court order was written my son’s insurance was provided by my employer for free. I was ordered to carry insurance on our child. Now my company is charging me for the insurance. We have been ordered to share equally in all my sons medical expenses. The order states if my company charges for insurance it would “merit” a motion for modification of child support. Going to court on this matter alone would cost more money than the premiums. For this reason I have asked my x to reimburse me (I provided written proof of the premiums) and she has refused, stating she does not owe me unless we go back to court. I read the modification of child support as an option given to me, rather than something I must do in order share the cost. I believe we should treat the premium as any other uninsured medical expense if we dont modify child support.

Here are the exact words in the order:

The Father shall continue to maintain health insurance on the minor child as such is available through his employment. If it is no lonter available to him free of charge, such shall constitute a change of circumstances meriting a motion for modification of child support. The parties shall share equally in the uninsured medical expenses for the minor child.

My questions:

  1. Do I really have to take her to court before she is required to pay her part.
  2. Given the fact I tried to handle this between us (for free) should she have to pay the court costs for having to go to court on this matter.
  3. Will she have to repay her part of the premiums I have already paid prior to filing for court.
2

If she won’t address the issue without the court system, then you have to go to court.

You can be awarded attorney’s fees, but it is in the discretion of the court. The statute reads: In an action or proceeding for the custody or support, or both, of a minor child, including a motion in the cause for the modification or revocation of an existing order for custody or support, or both, the court may in its discretion order payment of reasonable attorney’s fees to an interested party acting in good faith who has insufficient means to defray the expense of the suit. Before ordering payment of a fee in a support action, the court must find as a fact that the party ordered to furnish support has refused to provide support which is adequate under the circumstances existing at the time of the institution of the action or proceeding; provided however, should the court find as a fact that the supporting party has initiated a frivolous action or proceeding the court may order payment of reasonable attorney’s fees to an interested party as deemed appropriate under the circumstances.

The modification will be retroactive to the date of filing the motion, so file sooner rather than later.