Legal Question in Family Law in Texas

My son was dropped off of my ex husbands insurance last month. I have monthly medicines for my son and he is also almost out of albuterol for his machine. Because my ex saying that my son wont be put back on his insurance anytime soon, does he have to pay in full for any medicines I get over the counter or any hospital visits after my insurance pays for their portion? Also because he is not providing insurance for him at the moment, which is part of his court documents, does that mean I can keep my son from going over there every other weekend until he is put back on the insurance? A side note also, the only time my son uses the albuterol for an asthma attack is only at the end of the weekends that he is over there with my ex husband. Could this be another reason why I can keep my son on his weekends too?

Asked on 9/05/13, 9:39 am

3 Answers from Attorneys

Kevin Henderson Kevin Henderson Attorney at Law

The answer to the first part of your question can be found in the court order where the responsibilities of the parties regarding health insurance and payment of uninsured health care costs are described. This language is usually lengthy and can be confusing. In general, if the father isn't carrying insurance you can put your son on your insurance and dad should reimburse you for the extra cost to you. If you don't have insurance available you can check out CHIP. If that isn't available, you will have to see what the order actually says about dad paying if he isn't carrying the insurance. Most orders will say he pays 100% of any uninsured costs. The second part of your question dealing with keeping the child away from dad must be answered "No". You don't get to keep your son away from his father because dad isn't carrying insurance - or isn't paying child support, for that matter. The issue of illness after visits may be a reason to change the possession order, but you would need to discuss that with an experienced attorney.

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Answered on 9/05/13, 9:55 am

Adam Kielich The Kielich Law Firm

I agree with the response of the other attorney and stress that no matter how much the father is violating the order by not providing insurance, covering medical costs, or otherwise failing to provide court-ordered support, you can NEVER use that as a reason to withhold visitation under the possession schedule. You can deny visitation above and beyond what the court has ordered but you cannot deny what is ordered because support is not being paid. The Family Code is very clear about that.

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Answered on 9/05/13, 9:58 am
Fran Brochstein Attorney & Mediator

I agree with the other attorneys. It appears that you need a personal consultation with a family law attorney in your county.

It appears he has violated the current order by canceling the child on the court ordered health insurance. The judge should not be too pleased about that.

If his home is a danger to your child's health, you need to discuss that with an attorney. You might need to take your child to his pediatrician and discuss why the child needs his mediation at the end of every visit. Your son might need to also visit a therapist regarding why he needs his mediation at the end of visiting his father. Something sounds suspicious to me. A therapist can be called to testify at court regarding the child's mental health.

Good luck!

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Answered on 9/05/13, 6:04 pm

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