How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Alex J. Esq. Your Own Question
Alex J. Esq.
Alex J. Esq., Attorney at Law
Category: Family Law
Satisfied Customers: 16546
Experience:  Licensed experienced Attorney
26296561
Type Your Family Law Question Here...
Alex J. Esq. is online now
A new question is answered every 9 seconds

I was divorced in 2014 and my 14 year old son lives with the

Customer Question

I was divorced in 2014 and my 14 year old son lives with the ex wife and I paid child support and provided health insurance. Now she is moving and has agreed to modify the decree as a joint conservorship and my son is going to live with me. She has agreed to pay child support but has no job at this time where she is moving. I expect that this will change shortly and she will become employed . My question is . Is she also responsible for health care since she is paying support and my son lives with me now. I have him covered under the original decree but personally I do not want to give her a pass on any obligation she is responsible for. And I want to be assured if I lose my job he will be covered without me having to go out and get insurance out of pocket. Does this need to be in the modification paperwork?
Submitted: 11 months ago.
Category: Family Law
Expert:  Alex J. Esq. replied 11 months ago.
Hello. My name is***** am a US licensed attorney and I will be happy to answer your question.I am sorry to hear about this unfortunate situation.Please note, I cannot comment on your specific situation, as this services is only limited to general information and for any legal advice / legal service you should contact your local attorney.Are you asking whether your petition to modify child support based on the fact that your son will reside with you should include request for the relief such as your ex to pay health insurance cost for the child?
Customer: replied 11 months ago.
Yes. Or be ordered to pay or provide secondary health coverage for the child. This is asked to protect my son in case I lose my job. Is this my right under Texas law ?
Expert:  Alex J. Esq. replied 11 months ago.
Thank you for your follow up.Generally, the only way that one parent will be ordered for the child's health insurance coverage, is would be to request such relief in the petition for the modification of child support / custody and while there is no specific law that would mandate either parent to pay for the health insurance for the child, it is determined by the judge based on the facts of each specific case and the court takes into consideration both parents' income, timesharing, etc...when such decision / determination is made.I wish you the best of luck!
Expert:  Alex J. Esq. replied 11 months ago.
Thank you for your follow up.Generally, the only way that one parent will be ordered for the child's health insurance coverage, is would be to request such relief in the petition for the modification of child support / custody and here is the Texas Family Code Section Section 154.064 that addresses the issue: Sec. 154.064. MEDICAL SUPPORT FOR CHILD PRESUMPTIVELY PROVIDED BY OBLIGOR. The guidelines for support of a child are based on the assumption that the court will order the obligor to provide medical support for the child in addition to the amount of child support calculated in accordance with those guidelines. So generally, the parent who is obligate to pay child support would be obligated to provide health insurance to the child if the parent has health insurance available to him/her through employment at a reasonable cost (up to 9% of the gross income) or to contribute to the cost of such health insurance if the parent who is receiving child support obtains it through his/her employment and if both parents cannot obtain health insurance coverage through the employment, then the parent who is paying child support could also be order to pay additional monetary support to cover the cost of the health insurance for the child.I wish you the best of luck!
Expert:  Alex J. Esq. replied 11 months ago.
Please let me know if you have any related follow up questions?If not, please positively rate and accept my answer, so I can be compensated for my work.Thank you.

Related Family Law Questions