El Dorado Hills, CA asked in Family Law and Child Support for California

Q: Is my ex solely responsible for our minor kids' oop medical costs associated with expensive insurance HE insisted on?

My ex and I have 2 children, 16 y/o. Our divorce left me in terrible finances, while he continued earning more, well over 6 figures. I left a great career a few years ago due to my daughter's difficult medical diagnosis.

My income is so low i am on medi-cal, and since my children live full time with me, they also are eligible.

My ex has INSISTED on covering our kids on his employer-provided high deductibe PPO Kaiser plan, stating he doesnt want his kids on medical welfare. Yet he complains about the premiums he pays and says the divorce agreement requires that he cover them. But, i made sure our decree leaves flexibility for either of us to cover the kids, depending on who has more affordable, comparable available.

I am having to pay high oop costs I cant afford because HE demanded to keep this plan. I cannot cover my kids on medi-cal due to this other plan. Am i being reasonable in thinking since he demanded this coverage, he should pay all costs associated with it?

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

A: You are responsible for uninsured medical costs based on what your court order says. The language varies from case to case. Usually there is language in the order stating that the healthcare coverage should be free of cost or at reasonable cost. It does not sound like the insurance he has provided is reasonably priced. Meeting with an attorney who can read your court order could clarify it for you.

If you left your good job to care for your child and now cannot make ends meet, perhaps you also need revisit the child support issue.

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