New York, NY asked in Family Law and Child Custody for New Jersey

Q: Exe needs to maintain "equivalent health coverage" for kids. Can he switched from PPO (no deduct) to POS (high deduct)?

Marital Settlement Agreement that says exe needs to "maintain equivalent health coverage for kids"

He pays 100% of premiums. I pay first $250 of actual expenses incurred per child (3 kids), and then we split costs after $250 54% (him) and 46% (me) and we split actual costs, can he do so given.

He just told me that for 2018 he switched from a PPO (no deduct) to a high deductible POS plan. Given that he pays the premium, He is getting benefit form this, but I'm getting all the risk of higher costs (a visit that historically cost me a $25 copay will now cost $180). Considering I pay the first $250 fully for each child, this is really going to cause a shift in expenses from him (he saves premiums) to me. Is his violating the MSA by making this switch?

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1 Lawyer Answer

A: Need more facts in order to provide a meaningful answer. But you should know that most health insurance plans are provided though employers/private companies and outside the control of employees. He's probably justified in making the switch to a PPO given the anti-competitiveness in health care and how drastically rates can vary. Also, the initial $250 you mention is always the custodial parent's responsibility and already factored into the child support you receive. Besides, if he's already paying child support, 100% of the premiums for health coverage, and 54% of unreimbursed expenses, I really don't see how he's getting any "benefit". You can always file a motion if you think he's in violation but even if you win, will it be worth it in terms of return-on-investment?

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