Is it legal to charge someone for adding your child to health insurance

UPDATED: Oct 2, 2022

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Is it legal to charge someone for adding your child to health insurance

My ex wife added our son to her
husband’s health insurance and now they
want me to pay for the extra cost. Our
parenting plan clearly states that the
parent that is offered health insurance
through an employer at a reasonable cost
is responsible to carry insurance. So
is it legal for then to charge me to add
my son

Asked on August 25, 2019 under Family Law, Montana


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

There is probably no right or wrong answer, which means that if you and they cannot work things out voluntarily, you may have to litigate (i.e. go to court) over the interpretation of the plan. Here are the issues:
1) If the plan states that "the parent that is offered health insurance through an employer," but the plan is not hers or through her employer, but is her husband's plan through his employer, does that fall under the parenting plan's obligations? After all, this is not her health insurance plan, but his; and he is not the child's parent, or bound by the parenting plan, or have any obligation to your son.
2) Is the cost reasonable? And what is is a reasonable cost? If it is not reasonsable--if any extra premium to make this a family plan with children--is too high, that would imply they could refuse to add him or, as here, seek a contribution from you.
We are answering based on what you wrote, not based on viewing the actual plan, but it is certainly possible that there some ambiguity in how the plan applies to this situation, and where there is ambiguity, either the parties need to work it out among themselves and go to court and let the judge decide.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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