Kankakee, IL asked in Family Law and Child Custody for Illinois

Q: My ex is telling me that I'm not allowed to provide health, dental, vision insurance per our court order.

Our court order doesn't contain information on insurance. I've carried secondary insurance on our children since 2015 and prior I was primary. Midway into 2015, my ex wanted their spouse as primary due to "better" insurance. That order was voided with the 2019 order. My ex has the final say with medical care decisions and I'm the final on the others. The wording is that we discuss all parental decisions but each are allocated "final say if there is a disagreement".

Since my ex is medical, does that mean I'm not allowed to carry health care insurance?

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1 Lawyer Answer
Cheryl Powell
Cheryl Powell
  • Divorce Lawyer
  • Mt Vernon, IL
  • Licensed in Illinois

A: How about getting a copy of your Order and reading it? In 32 years I have never seen an Order prohibiting anyone from providing insurance for their child, although I bet there is one out there and an explanation about insurance companies is included. Generally speaking, if a spouse who is not required to carry insurance chose to carry it anyway at their own expense, the benefit would be to both parties, as there should be less uncovered expense for the parties to divide. Carrying health insurance is more about money than it is about decision making, as the doctor would still be chosen based on the coverage of the primary insurance.

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