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Samuel II
Samuel II, Attorney at Law
Category: Family Law
Satisfied Customers: 27010
Experience:  General practice of law with emphasis in family law.
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I joined the Army in 2006 and left a wife and a baby at home

Customer Question

I joined the Army in 2006 and left a wife and a baby at home during training. In the process my wife began the process of a divorce and had the papers written up while I was overseas. I have two specific questions relating to insurance. The decree specifically states that I "shall maintain health, dental, and vision insurance on the child through [my] employer so long as coverage is available." Does this mean that as long as it is available through the Army, my current employer, I must provide it to the child? Or does it extend to any employer I ever have in the future? Also the Army provides Service Member's Life Insurance, which is available to her while I'm in the Army. The decree states that I have to provide that until she turns 18. If it's not possible to provide that once I get out do I have to fulfill that obligation some other way? My biggest issue is the health, dental, and vision insurance. It won't be available through the Army once I get out.

The decree states that she will have full custody due to me being overseas. But I am no longer overseas and would like joint custody. She has breached the terms of the decree and parenting plan by not informing me in writing about permanent address changes for the child and has not provided notice of leaving the state, as it says she must do in the decree. It also states that, along with the notice of a new address, she is supposed to include a proposal for a revised schedule of custody or visitation with the child. None of that has been done. Would I have a leg to stand on when I request joint custody? Should I mention her failure to comply with the decree?

Thank you.
Submitted: 4 years ago.
Category: Family Law
Expert:  Samuel II replied 4 years ago.
Hi


Does this mean that as long as it is available through the Army, my current employer, I must provide it to the child? Or does it extend to any employer I ever have in the future?

That will extend for all future employees until the child is of majority, which is generally age 18 depending on the state the divorce was granted.


Also the Army provides Service Member's Life Insurance, which is available to her while I'm in the Army. The decree states that I have to provide that until she turns 18. If it's not possible to provide that once I get out do I have to fulfill that obligation some other way?

If this is specifically spelled out to the Army's life insurance, then it only pertains to that life insurance. If it is not specific, then you will have to provide it until age 18 regardless.

Would I have a leg to stand on when I request joint custody? Should I mention her failure to comply with the decree?

You may always file a Modification with the Court that has issued the custody Order. You can get those forms from that court and file them. I suggest if she was given the sole custody and the particulars of you being oversees has changed, then you have a basis to request joint custody. And, yes, you will want to point out that she has not complied with the court Order As matter of fact, you can also file a comtempt motion for non compliance.



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Customer: replied 4 years ago.

In regards XXXXX XXXXX health, dental, and vision insurance: what does the term "as long as it is available" mean?

Expert:  Samuel II replied 4 years ago.
Hi

That would mean as long as your employer - whoever that may be offers it for you and family members. It is not specific to the Army, however

If you have other questions, please post them here and I will provide you information. Otherwise, I would appreciate you taking time to rate this service "good to excellent" so that I may get credit for my time and information. Rating will not close your question. You will always be able to review it. It will only close a Chat - Thank you and good luck
Expert:  Samuel II replied 4 years ago.

Hi

But let me add, that if you are successful at a joint custody situation, you also may seek to modify the child support and coverage of health insurance should be shared based on which employer offers the best for the most reasonable price

If you have other questions, please post them here and I will provide you information. Otherwise, I would appreciate you taking time to rate this service "good to excellent" so that I may get credit for my time and information. Rating will not close your question. You will always be able to review it. It will only close a Chat - Thank you and good luck

Customer: replied 4 years ago.

What would filing a contempt motion for non compliance accomplish? If it's just for written notice and a proposed visitation plan then the court would just make her fill it out? Or would it provide some "ammo" to use in a custody hearing?

Expert:  Samuel II replied 4 years ago.
Hi

The court would most certainly make her comply and give her address

Also, yes, I suggest that you can then use that in your Modification to show that she does not have the best interest of the child nor is she caring about any type of bonding relationship the child has with you And that she had to be admonished by the court to even get your visits

If you have other questions, please post them here and I will provide you information. Otherwise, I would appreciate you taking time to rate this service "good to excellent" so that I may get credit for my time and information. Rating will not close your question. You will always be able to review it. It will only close a Chat - Thank you and good luck


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