Ossian, IN asked in Divorce, Family Law and Child Support for Indiana

Q: can the dad mandate that I drop kids on insurance so that he can place them on his new wife's family plan?

I have carried insurance past 5 years. Kids dad getting married and at that time wants them on his wife's plan stating its more reasonable because its free...its not free, they pay for family plan but its no more cost to add 3 more kids to her already existing plan. Her plan however is not as comprehensive, has very high deductible and has no prescription coverage. My plan will have regular copays for my kids meds and much lower deductible. He is insisting the decree be changed and that I remove the insurance credit on child support worksheet. I want my kids to remain on my plan as it is so much better and they can keep their same doctors. His wife's plan has some reasonable benefits (although still much higher deductible) if you use local doctors and hospitals/pharmacies but they live one hour away so that is not reasonable request for me to travel that far to fill a prescription or see a doctor. My plan remains reasonable.

1 Lawyer Answer
Clarissa Finnell
Clarissa Finnell
  • Indianapolis, IN
  • Licensed in Indiana

A: If the current court order is that you carry insurance, then your ex cannot force you to change insurance. He would need to file a motion to modify the current order with the court and would have the burden of proving why the modification is necessary.

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