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Ely, Counselor at Law
Category: Legal
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Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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is it legal for a stepmother to put her husbands children-ages

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is it legal for a stepmother to put her husbands children-ages 17+19 on her health insurance without letting mother of children know
Hello friend. My name is XXXXX XXXXX welcome to JustAnswer. Please note: (1) this is general information only, not legal advice, and, (2) there may be a slight delay between your follow ups and my replies.

I am sorry for your situation. Can you please tell me if the divorce/custody decree states who is to provide health insurance in this matter? Or, it is silent?

This is not an answer, but an Information Request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.
Customer: replied 3 years ago.

it is in the divorce decree that I, the mother will provide the health insurance

Thank you, N.

Technically then, you should be able to provide the insurance. However, this may not be enough for a "contempt" motion because her actions are not harming the children per se, and she is not subject to the divorce decree to be sanctioned under it.

What someone in your situation may wish to do is to file a Motion for Clarification that asks the Court to clarify and confirm as to what to do in a nuanced and unprecedented situation such as this.

The Court should then render a supplemental order explaining what to do in this scenario after a quick hearing, and who can get health insurance. Using that order, one should be able to cancel their existing policy from her and get one for yourself as her insurance policy should cancel the insurance once the order is rendered.

An attorney is recommended for this action. Often, the mere threat of filing will be enough to have this resolved.

I hope this helps and clarifies. Good luck.

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Customer: replied 3 years ago.

I have had the health insurance on the girls for the past year-the harm it has caused is a financial burden on me which dos affect them -she never disclosed about the insurance so i kept signing medical bills(which have been huge this year)stating that mine was the only coverage.I am struggling w all the debt and cannot afford legal fees.also, my 19yr old is not even being supported by my ex husband.


Thank you for your follow up. In one's motion for clarification, one can include what you have just stated above, and possibly ask the Court for indemnification for any extra financial burden one was forced to suffer due to the person's actions. It would be important to argue that the ex knew of/directed/approved of the person's actions, to get relief.

Gentle Reminder: Please use the REPLY button to keep chatting, or RATE and submit your rating when we are finished.
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