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Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 102597
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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My 4 year old daughter lives with me and her stepfather and

Customer Question

My 4 year old daughter lives with me and her stepfather and sees her biological father on weekends. My daughter (Mia) is on my husbands insurance as I am. Mia's father recently got a different job and wants to put Mia on his insurance. We are in court fighting about child support which he is constantly trying to have it lowered. I don't want Mia on his insurance but he is putting her on his policy. Can he do that when she already has insurance? He is in arrears with child support and is currently living with another woman and her child. How can I stop him?
Submitted: 1 year ago.
Category: Family Law
Expert:  Ely replied 1 year ago.

Hello and welcome to JustAnswer. Please note: This is general information only for educational purposes only, and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

In their current divorce decree, I am guessing that it states that he provides insurance. If so, then he CAN do this. She of course can put them on their insurance as well, and she will have overlapping coverages.

By default, the paying parent also provides insurance. That is why I am guessing that by default the decree states this above. However, she has the right - along with the child support modification within the same case - to ask for a modification about the insurance and that the Court shift the burden to her. The Court may agree if it feels that it is in the best interest of the child.

I hope this helps and clarifies. Gentle Reminder: Use the SEND or REPLY button to keep chatting, or please rate when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of the top three faces/stars and then SUBMIT, as this is how I get credit for my time with you. Rating my answer the bottom two faces/stars or failing to submit the rating does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith.

Customer: replied 1 year ago.
We were never married, it doesn't answer my question. There's no divorce decree
Expert:  Ely replied 1 year ago.

Ah, I see. Regardless, the same applies if there is a custody decree. So my answer applies the same way, provided that there IS a custody decree (and it sounds like there is).

Please note: If I tell you simply what you wish to hear, this would be unfair to you. I want to be honest with you and sometimes this means providing information that is not optimal. Negative ratings are reserved for experts who are rude or for erroneous information. Please rate me on the quality of my information; do not punish me for my honesty.

Gentle Reminder: Please, use the REPLY or SEND button to keep chatting, or rate positively and SUBMIT your rating when we are finished. You may always ask follow ups at no charge after rating.

Customer: replied 1 year ago.
Ok. Thank you
Expert:  Ely replied 1 year ago.

You are very welcome. Good luck, and please don't forget to rate my answer in one of top three faces and then actually SUBMIT – it is the only way I get credit for my time with you – or, please use the REPLY or SEND button to keep on chatting – I want you to be satisfied.