A RI Child Support Attorney Responds to a Child Support and Health Insurance Question

Question:

If you are getting a divorce in Rhode Island, and you will be paying child support. Do you have to pay child support for a family plan for your ex wife and a child that is not yours. (and you have offered to have your children on your plan)

*So 4 people on the plan

1 is the ex

1 is the daughter of her ex.

2 are your children.

the ex has refused to let you do this so that her plan is covered can she do this? Also, can she refuse to let you have ANY rates to have your children to see tehm if you are paying child support?

Answer:

Part of your question is somewhat confusing so I will try to be clear based upon what I believe you are asking. You should be aware that paying for a health insurance plan is not child support.

If you go to trial and the court orders you to pay for a family health insurance plan that covers your ex-spouse then it is most likely to be pursuant to the terms of the Rhode Island Insurance Continuation Act which prohibits the insurance carrier you are with from removing your ex-spouse from the health insurance plan simply because you are no longer married.

There are exceptions but there is not enough time or space to address them here. However, unless you adopted your spouse's child, if that child is not your natural (i.e. biological child) then you have an obligation to notify your health insurance carrier about that child so the insurance carrier can determine if that child qualifies under your Family Health Plan. . . there is a good chance that the child may not qualify.

If you do not notify the insurance carrier and you keep the child on if the insurance carrier had a right to know about her status due to your divorce, then you may well be guilty of criminal insurance fraud. If you have been providing the plan and paying for it on your own for your ex-spouse and your children during your marriage, then you may be ordered by the court to continue providing that coverage especially regarding your children.

The court could require you to continue providing insurance coverage for your biological or legally adopted children could be indefinite. The health coverage for your ex-spouse may be limited to the terms under the Rhode Island Insurance Continuation Act and it's exceptions when coverage may be terminated by the Health Insurance Company.

The last paragraph of your question is a bit jumbled and does not seem to fit with the rest of your question.

You may wish to go to your local court's law library and look up the Rhode Island Insurance Continuation Act in the Rhode Island General Laws if this answer is in any way unclear. I hope you fount this helpful to the extent I was able to answer it as posed.

Authored By:

Christopher A. Pearsall, Attorney-at-Law

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