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Apples | Would my sisters husband still need to pay insurance? |
He has been paying child support and now his ex has remarried. The kids have been on peachcare. She contacted him recently and told him that he needed to start giving her $67 a week for insurance because they put the kids on her new husbands insurance. Is he legally liable for this or should he have them take him to court over it?
-Oh yeah, we live in Georgia.
Additional Details
He does take care of his children but the ex is sketchy on some things. They will probably end up going to court and doing it through the court system but were wanting opinions for now. Thank you for your opinions.
(Believe me I would not side with him if I did not believe he was taking care of his children. I had to raise my oldest daughter on my own and so know about dead beats.) |
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sarah314
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She can't just tell him out of the blue to pay premiums towards her new husband's insurance policy.
If the divorce decree states that he is required to provide insurance coverage for the children, he can choose coverage accordingly. (Which could include paying the premium for her new husband's plan, but he could also investigate other options.)
If the divorce decree doesn't state that he is responsible for medical insurance, then he doesn't have to give her anything towards the new husband's coverage. She can go back to court for additional support to get assistance for the premium, but he isn't obligated to pay any more money until the judge tells him to. (Again, unless its specified in the divorce decree.)
Its unreasonable for her to sign the kids up under her new husband's plan and then tell him after the fact that he owes $67 a week.
Also, the $67 a week does not sound like a reasonable cost sharing...does the new husband have children of his own on the plan? If so, he is likely already paying for family coverage, in which case it likely did not cost him anything extra to add his stepchildren to the plan. If I were the ex-husband, I'd definitely want to see more information on the premium cost before I agreed to give them additional money!
He definitely needs to let a judge/child support agency sort this one out. Obviously he needs to pay what he's responsible for, but it sounds like your sister may be trying to scam some extra money out of him. |
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growing inside
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How were they insured before? He usually does have to pay for their insurance, but he has the option of adding them on his insurance if that is cheaper |
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mtwaites
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You would have to check the laws for your area. But usually if there are children involved, he would usually have to do this, unless previously arranged that he wouldn't have to do it. |
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philbrigman
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He should request a child support hearing. The best way to know legal liability is to let the court system define it in a hearing. Most likely, if he pays the new insurance premium, she will next be asking him to pay copayments and deductibles each time the children go to the doctor. It is always best to define these things up front, so it doesn't end up in a landslide of future payments that he can not afford. |
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Judy1
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Does the divorce decree specify that he provide medical insurance? |
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golferwhoworks
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look with a new husband they may not qualify for gov. assistance and so yes he needs to take care of his children |
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mbrcatz
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He's legally liable for whatever the judge says he is. She'll have to have child support reviewed, to make him pay it. |
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