Co-insurance of children
April 2, 2011 | 35,00 EUR | answered by Jan Wilking
Hello,
My daughter has been legally family insured with my ex-husband since birth. Now he informs me that he has cancelled the statutory health insurance in order to insure himself privately. My current husband and I are insured with the Postbeamtenkrankenkasse, which does not offer free insurance for children.
My question is: Can my ex-husband cancel the family insurance without my consent, considering we share custody, and who is responsible for the costs, as the Düsseldorf Table assumes a statutory family insurance? Can my ex-husband shift the insurance obligation to me in this case, or is he obligated to try to insure the child with me?
Dear advice seeker,
I am happy to answer your inquiry taking into account the facts you have presented and your commitment as follows:
For matters of significant importance for the child, the law (§ 1687 paragraph 1 BGB) stipulates mutual agreement of the parents in cases of joint custody. For everyday matters, however, the parent with whom the child usually resides is granted sole decision-making authority. It is primarily the responsibility of the parents, within the framework of their joint custody, to come to an agreement for the well-being of the children in case of disagreements. If an agreement cannot be reached, the family court may grant one parent sole decision-making authority in a specific matter, according to § 1628 BGB.
Since the termination of family insurance and the potential loss of insurance coverage undoubtedly constitutes a matter of significant importance for the child, your ex-husband generally can only make such a decision with your mutual agreement, in other words, with your consent.
If a child is not insured through the mother or father, they have a claim against the obligated parent for health care. In this case, the obligated parent must take out health insurance for the child and pay the premiums. Health insurance premiums are not included in the amounts of the Düsseldorf table and must therefore be paid in addition to the table maintenance. However, health insurance premiums can be deducted when calculating the income relevant to maintenance. Therefore, when determining child support, the child's health insurance should be deducted from the income first, and then the maintenance should be calculated according to the Düsseldorf table. This usually results in a decrease in child support due to the deduction of health insurance costs.
I hope I have provided you with a helpful initial orientation. If you have any uncertainties, please use the free follow-up function.
Please bear in mind that without full knowledge of all circumstances, I cannot give you a definitive advice within the scope of this initial consultation. If you wish for a definitive assessment of the situation, I recommend contacting a lawyer and discussing the situation with them after reviewing all documents.
Best regards.
