Child Support and Medical Coverage

**screwedforever** · 05-27-2009, 12:18 PM

Ok guys here is my question. My husband has been trying to add his child to his insurance at work. She refuses to let him do that because she gets reimbursed for the medical coverage thru child support. She wants to call in a meeting because her medical coverage keeps going up and she wants more money. My husband pays $37.50 a month for a family for medical, dental and vision. She pays $166.00 a month. She refuses to let him put his son on his insurance because she will lose that extra money on the child support. Can a judge change that. And let my husband carry his son on his insurance? Attorney General tells us it's up to the custodial parent to decide that. No attorney can change that. Is this true?
Ok here is the story. At the beginning my husbands employer didn't have insurance coverage. He got a new job that offers great benefits and coverage. He is currently reimbursing his ex $166.00 a month because she has his son on her insurance policy. Her insurance keeps going up. My husband asked the Attorney General if he can add his son to his insurance policy and remove him from hers. She refuses to do that. Because she will lose the extra $166.00 a month. From my understanding in TX the non-custodial parent is suppose to provide medical coverage for the child. If the non-custodial cannot, then the custodial parent will provide it and get reimbursed via child support.

**divemedic** · 05-27-2009, 12:37 PM

A judge can change the support order. Al you have to do is convince the judge that the insurance is in the child's best interests.

**Missnaz** · 05-27-2009, 12:46 PM

I briefly read over some of the court forms for Texas and it looks like he (NCP) is legally responsible to provide it, if it is available thru his employer.

**screwedforever** · 05-27-2009, 02:07 PM

So is a lawyer really necessary in these types of situations. Also I called the AG to notify them that my husband has gotten a 5% pay cut and his hours were cut. They told me it would be about 6 months until someone reviews it. And they also said my child support was going up because her insurance was skyrocketing.

**Missnaz** · 05-27-2009, 02:35 PM

Thought this might help... (What does his order say?)

Sec. 154.064. MEDICAL SUPPORT FOR CHILD PRESUMPTIVELY PROVIDED BY OBLIGOR. The guidelines for support of a child are based on the assumption that the court will order the obligor to provide medical support for the child in addition to the amount of child support calculated in accordance with those guidelines.

Sec. 154.182. HEALTH CARE COVERAGE FOR CHILD. (a) The court shall consider the cost and quality of health insurance coverage available to the parties and shall give priority to health insurance coverage available through the employment of one of the parties if the coverage is available at a reasonable cost.