Vacanti Shattuck Attorneys

Will The Judge Make The Other Side Continue Coverage For My Child?

Will the Judge Make My Ex-Spouse Continue Coverage for My Child?

Family law courts in all states will order parents to pay for the medical and dental expenses of their children. The court order may be based on an agreement the parents put together themselves. However, if the parents cannot agree on a plan, the court will decide on an arrangement that is in the best interests of the children. Which spouse has health insurance coverage will be a major factor in the court’s decision.

In fact, you may be wondering: My souse health insurance coverage: Will the judge order that coverage for my child continue uninterrupted? The answer is yes, but there are some details that you should be aware of.

If your ex-spouse has insurance coverage and he or she has been providing coverage for the children during the marriage, the final divorce decree or custody agreement will likely require that your ex-spouse continue to provide health insurance for the children.

The most common court orders involving health insurance coverage will require that:

  • Non-custodial parents who are employed to keep their children on their employer-provided health insurance plan.
  • A private plan that covers the children must be purchased if the employer does not offer health coverage.
  • The parents, if unable to afford health insurance, see if healthcare is available to children under a state Medicaid or CHIP program.
  • Either one parent may pay all medical expenses for the children in addition to health insurance premiums, or devise a plan for each parent to pay a portion of those costs based on their income.
  • If both parents have employer-sponsored health insurance, one plan will be designated as primary and the other secondary. The secondary insurance will pay the amount still outstanding after the primary insurance pays.

If the parent who has been ordered by the judge to provide health insurance fails to do so, that parent will be responsible for paying all healthcare costs that would have been covered under the insurance plan.

The courts take children’s health and insurance coverage for children very seriously. A judge will not finalize divorce proceedings until he or she is satisfied that children of the marriage have adequate health insurance coverage.

Who Pays Child Support after Child Custody Has Been Awarded?

There are many key factors that may affect the amount of child support owed after child custody has been determined by the court.

When one parent has sole physical custody of their children, the other parent will typically be responsible for making child support payments. These child support payments help the custodial parent with paying for things the children need like food, shelter, clothing, and other necessities. These child support payments typically last until the child reaches the age of 18.

When physical custody is shared, however, both parents will be providing food, clothing, and shelter to the children independently. That fact may lead some co-parents to believe that child support is no longer an issue. However, that’s simply not the case.

Certain states do allow judges to use their discretion to decide when it’s appropriate to deviate from the state’s child support formulas. Some judges may choose to designate that one parent pay child support, even in joint-custody parenting arrangements.

How Does Personal Property Get Separated and Divided in a Divorce?

When a divorce is filed, the parties typically do not continue to live together. Either the husband or the wife is going to move out of the house and often, they want to take some or all of their possessions.

Both spouses need to agree on how to divide the household goods and furnishings. If the spouses cannot come to an agreement, then there will be a hearing in a court. They judge will determine a division of possessions, at least temporarily.

By the time the divorce is finalized however, there will need to be a final decision on the division of possessions and furnishings.

Does My Ex-Spouse Have a Right to Hold My Belongings Until the Divorce is Finalized?

Neither spouse has the right to hold onto any possessions that they do not personally own. If your ex-spouse is preventing you from taking any of your rightful possessions out of the home, then you can schedule a court hearing. The judge will issue an order that will allow you to take your possessions and furnishings from the home.

I Changed My Surname When I Got Married. Do I have to Change it Back After I Get Divorced?

There is no law or statute that says a woman needs to revert back to using her maiden name after getting a divorce. She may choose to keep the name that she took on after marriage or choose to go back to her maiden name.

The divorce decree itself can include an order that the wife’s name be changed back to her maiden name if desired. Or, the woman can keep her married name and present the divorce decree at a later date to get her name changed. There is no time limit or expiration date on name changes.


if you have any questions about child support after custody, continued health insurance coverage for children, or how property is divided after a divorce, then please call (402) 235-6070 for a free consultation.

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