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Roger, Attorney
Category: Family Law
Satisfied Customers: 31729
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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In Virginia- A temporary support order was issued on Oct. 27,

Customer Question

In Virginia- A temporary support order was issued on Oct. 27, 2011 that included that my spouse pay for the children's health care. The payment amount was not figured into the support amount so it does not effect the guidelines. Come to find out today that my children's mother had already had the children covered under her new husband's policy. She will not tell me for how long they have been covered but I would guess it has been since they were married in April of 2011. I am currently unemployed and that is the reason we were going to put them under my wife's policy but we would not have done it if we knew the children were already covered...would have saved us $500 a month. Since we now know they are already covered do we still have to cover them? Is the court concerned who pays as long as they are covered since the guidelines were not calculated with the amount of health insurance included for either party?
Submitted: 5 years ago.
Category: Family Law
Expert:  Roger replied 5 years ago.

Hi - my name is Kirk and I'm a Family Law litigation attorney here to assist you.


If the other parent didn't disclose that the children were already covered under some other insurance policy, I would recommend that you file a motion to modify the order and relieve yourself of this obligation as there's no need for the children to have two separate policies of insurance coverage.


It may be that the court still orders you to share in the cost of the insurance, but it will likely be less than what you're paying.


I think it is definitely worth bringing this to the court's attention.