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My insurance for another guy's baby???

My soon-to-be-ex-wife just called me this evening and told me that she is pregnant by her new boyfriend. Her and I have been seperated for almost 15 months and we were getting close to having a court date for our divorce case, which has been drawn out due to her moving 2 and a half hours away and one by one moving each of our 4 children to live with her parents. Her and her new boyfriend have no home and are currently sleeping in a camper trailer across town while she leaves our children at her parents house every night. I realize that this will delay our divorce due to paternity issues, but does this irresponsible behavior around our children give me any advantage for seeking primary custody. She is being a great example for our two teenage daughters which are 15 and 14 years old. She is also currently serving jail time every other weekend for a identity theft conviction in which I was the victim. Her boyfriend's case is still in the courts.

 

I am also curious about insurance issues. My employer recently changed their company policy so that only dependents or anyone living in my household are covered by the company. I was forced to start paying her premium, though she is still technically a part of my employer's insurance plan. I don't think it is fair for me or my employer to have to see an increase in insurance usage due to her iresponsibility. Increased usage means increased rates for everyone. Can I come back later and require the father of the child to pay all the bills caused by her pregnancy since technically it is his responsibility?

 

Any advice, legal or otherwise would be appreciated. Thanks.


by dedtru1   1 Post 
Posted on 9/28/2009 7:35 PM
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Tags: pregnant , insurance , paternity ,
boyfriend , divorce , custody


Answers for "My insurance for another guy's baby???"  (1) (You must be logged in to answer)




Was she convicted of a felony or misdemeanor?

If a felony, that will help in getting custody of the kids - BUT what would help even more is that you go and GET the children NOW and have an emergency order put in with the court for custody during the divorce process due to her living conditions. There is ZERO reason for the children to be at her mother's....so go get them (or don't let them go back when you have visitation)

As far as the baby is concerned, the child is legally yours since you are married to her and thusly, you are responsible for all bills until the child is proven otherwise. All you could sue them for (you'd have to file on both) is for the portion of the insurance premium you paid for her pre-natal care (if she gets any). You can't sue for costs that are covered by the insurance - just anything out of your pocket.
by spaznskitz   7745 Posts
Posted on 9/28/2009 7:49 PM
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