Insurance

North Carolina Divorce Law Divorce and Separation Answers
1

I have primary custody; ex & I share joint legal custody. I have insurance on the kids, he has remarried & his wife wants to put OUR kids on HER insurance. (yes, i am against this!). It is not stated anywhere in the custody/separation/divorce papers who is to carry insurance on the kids…I do it because 1. it’s cheaper, 2. he was out of a job for 2 yrs, 3. I am the one that takes the kids to doctor appointments (nope, he NEVER goes). Question 1 - can she legally carry them on her insurance? 2. Can he request a reduction in child support if she does carry them on her insurance?

2

Whether his new wife could carry your children is between his new wife and her insurance company. It is probably in your children’s best interest for you to continue to provide their insurance coverage. To determine the amount of child support due under NC guidelines you may use the calculator found on our website here:

3

I dealt with this exact issue recently, so have additional information you might find useful.

  1. The Courts are very reluctant to make a change from the way things currently are, unless there is very convincing reasons to do so. His/her wanting to cover just isn’t good reason.
  2. If your costs are cheaper, then your policy would be more favorable.
  3. Even if your cost was more expensive, if there have been problems in the past - such as father not providing information such as EOBs (Explanation of Benefits), etc. then it may well be deemed better that you continue coverage. Try to think of other things in case it becomes as fight. One valid reason is you cannot call the insurer to discuss benefits or issue with claims if you are not the insured, which leaves you in a pickle if you don’t communicate well with dad/wife.
  4. He/she cannot be stopped from adding coverage, but he most likely would not get credit for the additional coverage, as it is really an unnecessary expense. There are few, if any, benefits to dual coverage these days. In fact it typically becomes a pain. Bills may not get paid timely or at all, while the insurance companies determine whose coverage is primary. Both companies will not pay the same bill.

In my case, NCP was ordered to provide insurance originally. He lost coverage and didn’t tell me. I wasn’t aware until I had a $700+ bill from the peds office. I then added them to my plan and it has remained that way since 2004. Last year, he decided he wanted to cover and get the child support credit. After my prior experience, there was no way I would trust him to cover. The Court determined they would not make a change, simply because he now wanted a financial gain. If he covered on top of my coverage, it was coming out of his own pocket. On top of all of this, we can’t communicate/cooperate at all so the Court definitely found it better for me to continue to cover.