QuestionMy ex-wife and I have different insurance policies with different
companies. Our son will be 16 in august, so will need to be covered. We
have kids 50-50, but she as primary placement per court docs. Since she
has primary placement, is she the one legally obligated to cover him?
SHe does not want to split the expenses for that...she thinks I should
pay it all. If I dont insure him under my policy, since she has
primary placement, will then she be automatically obligated to cover him?
AnswerHi John, well this is a different scenario. The divorce decree is the binding document, so you would have to look there to see what and who's responsibility to insured him.
With that being said, driving is a privilege, not a right or an obligation. This means that technically speaking no one has to pay for insurance, you can pay for bus passes or other means of transportation to get to school. This is not a practical solution, I am aware of that, but I want to make sure you get the point (this is not an obligation like food, shelter, and education), it is a luxury that you can choose not to pay for (unless the divorce decree makes you).
From the insurance perspective, remember that insurance follows the car. It is a well established concept. This means that depending who's car your son is driving, the insurance company might cover him (if he does own his own car, or the car is not available for his regular use).
If he owns his own car, then the car is going to be registered at one of of the residences (probably part of her policy or your policy). If he is on your policy, the payment will be on your shoulders, if the he is on your ex, then the payment is on hers.
Most insurance companies will rather have the primary custodian be the policy holder. This does not mean that you cannot pitch in and pay a portion or all insurance. It also does not mean that you have to pay at all.
Good Luck,
Anne
http://www.SpokaneLegalHelp.com
