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Question for the Money Doctors

Question submitted on Feb 1, 2014.

Question

I have been divorced from my ex for almost 2 years. Prior to the divorce, I covered the children''s health insurance (2 children) and according to our divorce settlement, I have continued to maintain the health insurance for the children of which my ex has reimbursed me for half of those expenses. According to the settlement, if my ex has health insurance available to him we would determine which policy has the best coverage for the children and either keep the current coverage or put the children on his new policy.

The issue is that my ex has remarried and his new wife is insistent on putting the children on her insurance to avoid paying me half the expenses for my coverage. My ex has his insurance through his wife''s new policy, but he is not the primary employee on the policy.

From my research I''ve gathered that the children should be on the insurance of a primary parent and only if either primary parent doesn''t have health insurance than they would qualify to be put on the insurance policy of a secondary parent (step parent). I also claim both children on my taxes, their primary residence is with me and I''m the one (the mother) who is listed as the financially responsible party for anything related to both children (school, activities, etc). Furthermore, my daughter has a pre-existing issue with her vision in which I''ve already gone through the hoops to get her vision doctor approved under my current health insurance.

Am I correct with my research?

- Cheyene

Answer

Dear Cheyene, You certainly have spent a lot of time looking into this matter. Your question is legal in nature, and I think it is time for you to pose the question to your divorce lawyer who will be able to answer your question and write a letter on your behalf. Please note that the rules may vary by state.

I hope that this helps.


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