Note: The DearEsq free 'ask a lawyer' site is offered as a free informational service to the public and is not intended as legal advice. Laws vary from state-to-state, and in addition every situation is unique, and relevant facts may not be known. The answer to the question posed below may not apply to in your state or to your situation. For legal advice in your state and your situation you should consult with an attorney in your state who is familiar with the rules and laws in your state.
“My ex-wife and I have joint custody of our 2 kids, ages 10 and soon-to-be 13, and split everything 50/50. Since January 2010, my kids have been without insurance. They were on Nevada Check Up, but lost it because my ex-wife failed to file a yearly determination letter.
Instead of reapplying with Nevada Check Up, my ex-wife asked me to apply. I did, and I was turned down because we have joint custody. She had kept the kids on it for several years under false pretenses by not reporting the joint custody situation. She always took care of this, so I didn’t know anything about it until I tried to apply.
Ever since I was turned down by Nevada Check Up, my ex-wife has insisted that we get the kids insurance through her work. The problem is that I know nothing at all about her insurance. She won’t give me any info about it, not even the name of the company. The only thing she’ll tell me about is that it will cost us $280 per month.
Because my ex-wife refused to give me any information on her insurance, I looked into other alternatives and found plans that were as much as $100.00 cheaper per month. I suggested that she look into other alternatives, but so far she’s refused. Instead, she keeps insisting that we get her insurance, which she will still tell me nothing about.
About every 3 or 4 months she starts complaining that the kids don’t have insurance, and begins insisting we get insurance for them through her work. And every time I ask her to please get me some information on her insurance so we can compare it to other companies’ plans. When I ask for this information, she shuts up for a few months and refuses to even talk about it.
I can’t get the kids insurance without her approval or I would have a long time ago. And she continues to insist I go with her insurance, but still refuses to even tell me the name of the company. So what am I supposed to do? Just give in to her demands? If she were an honest person, I would’ve gone with it a long time ago. But she’s not an honest person, and this whole deal about refusing to give me any info makes me weary – especially since I’d be giving her money each month to pay for my part of the insurance bill.
Because of this (and several other incidences) I’m seriously considering going for a change to the custody agreement, and asking for primary so I can get things taken care of without having to deal with her first. So any information is appreciated, as I’d like to find a solution to this mess ASAP.”
It looks like your main issue is that you are concerned because your ex-wife is not providing adequate health coverage for your children. Since there have been problems dealing with this specific issue over a long period of time and you have failed so far to reach an agreement, it may be time seek a modification of your existing court order on this specific issue. Contact a family law attorney in your jurisdiction to help guide you through this process.
