Anaheim, CA asked in Divorce and Family Law for California

Q: Splitting the cost of group health insurance for our children with my ex-wife?

Final Judgment reads "Commencing (date included) Respondent/wife shall maintain health insurance coverage under Family Code Section 3750-3753 of the minor children if that insurance is available at no cost or at a reasonable cost to Respondent/Wife as defined by Family Code Section 3751(a)(2) until further order of the Court." She has group health insurance and I am self-employed and paying her child support & Alimony. She started sending me a monthly request asking me to pay her back for half the cost of the medical premiums for the kids. Is this how its supposed to be? The judgment also indicates later that anything not covered by insurance is divided up. Thank you!

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1 Lawyer Answer
Shawna Murray
Shawna Murray
  • Irvine, CA
  • Licensed in California

A: From the information that you provided, it does read that Wife must pay for the health insurance coverage (premiums) if they are free or available at a "reasonable cost." I suspect it is her contention that the cost of the premium is no longer reasonable. If that is the case, she could file a Request for Order and ask a judge to order you to contribute to the cost of the premiums based on the fact that she cannot get insurance at no cost or at a reasonable cost. It would be wise to ask her if you can review the insurance premiums together, perhaps even shop for a new insurer? I advise you to consult an attorney if you cannot resolve this amicably.

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