Cotati, CA asked in Health Care Law for California

Q: Can I be forced to provide primary health insurance coverage to my dependents.

I mostly work part time without benefits. This year I have full health benefits for the first time and added the kids as a back-up for them, thinking my ex’s insurance would stay their primary provider. Now I’m being told that since my birthday is earlier in the year, my insurance is responsible, unless I have a court order specifying that he has to provide the insurance. We have an MSA from 2014 that says, “The father currently provides Health coverage for the children. Any future circumstances which may allow for employer-based health coverage for the children will prompt a review by the parents to assess new coverage options. In the event that the mother or father acquired employment that allows for family coverage and or medical benefits for the children through an employer, then the employee parent with such benefits shall provide for the health insurance of the children.” Since we never had a review, can we continue to use his employer based insurance as primary provider?

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1 Lawyer Answer
Maurice Mandel II
Maurice Mandel II
  • Newport Beach, CA
  • Licensed in California

A: Actually this is "Family law" not "health care". As I read the quoted Court Order, which is still in effect and controls the situation, "the EMPLOYEE parent with such benefits shall provide for the health insurance of the children", so as I understand this, it means that the parent that has the Health Care Benefits provided by the employer, not purchased independently outside of employment, shall provide the coverage. This would be the Court Order specifying that H has to provide the insurance. You are not clear as to whom is "telling you" that your birthday is the deciding factor, but you should send "them" a copy of the signed court order and highlight or circle the language in question so they don't miss it. You need to contact a Family Law Attorney in your area to discuss this, contact the one that represented you in the Dissolution.

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