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My ex wife wants to make changes to the parenting agreement…

Customer Question
My ex wife wants...

My ex wife wants to make changes to the parenting agreement without using the court system. She claims that if we are in agreement to the change than its not breaking the court ordered parenting plan. Is this true?

Lawyer's Assistant: What steps has your ex-wife taken? Has she filed any papers in family court?

No. She has the kids and want to change their health care coverage because my insurance isn't accepted in Oregon. She has them on OHP but it's secondary. She said she will take it to court if I don't agree to take them off my insurance. But I don't know if that will get me into trouble later

Lawyer's Assistant: Has she talked to a lawyer about this yet?

No

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Not that I can think of

Submitted: 2 months ago.Category: Family Law
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Answered in 40 minutes by:
5/25/2018
Family Lawyer: Attorney Wendy, Lawyer replied 2 months ago
Attorney Wendy
Category: Family Law
Satisfied Customers: 1,391
Experience: Member at Keefer & Keefer LLC
Verified

Hello. My name is ***** ***** I am an attorney. If you are under a court order to have them on your insurance, but for the reasons you state (your insurance may not be accepted where the children are located), one course of action to avoid a claim later that you are violating the order is for you and your wife to enter into a written agreement, signed by both of you. If you want further protection, you should be able to present this agreement to the court with a motion or request to amend the parenting plan accordingly. You do not want to knowingly violate a court order, but where (as it sounds here) abiding by the terms would actually frustrate the intent in the order (to provide the children with health care coverage) changes sometimes need to be made. Doing that through a consent order/agreement with the court is the cleanest approach.

I hope this helps. If you need additional assistance, feel free to reply to this email. If I answered your question and provided excellent service, I would greatly appreciate your 5 star rating at this time.

Please note: This information is for educational purposes only and is not legal advice. No course of action is being proposed and no attorney-client relationship or privilege has been formed as a result of this conversation.

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Customer reply replied 2 months ago
in simple terms. Yes it can be done without the court but to be safe it should still be submitted to the court to be changed. Is that right?
Family Lawyer: Attorney Wendy, Lawyer replied 2 months ago

Correct. And, by saying it can be done doesn't mean you should every cavalierly violate a court order, but if you have a signed agreement on just the insurance issue, the only party who would bring you into court for a violation has approved the violation. Court approval is the better/safer approach.

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Family Lawyer: Attorney Wendy, Lawyer replied 2 months ago

Just wanted to check in to see if you need any further assistance.

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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