Custody modification who carries health insurance

If you don't have the ability to cover the children and your ex does (and the children's heakthcare providers accept your ex's policy), the court will not order you to obtain health insurance for the children. However if the children are 18 or old and have graduated from high school, your ex may not be required to cover the children any longer (unless the order states otherwise).

If your ex has health insurance available through his employment and you do not, then it is a no-brainer that the court will order your ex to continue to maintain the health insurance for the children. This is a very easy decision for a judge to make, however, nothing in law is guaranteed, so make sure you have this all thought out before you go to court. Just to make sure you don't make any mistakes, I recommend you have a consultation with an attorney to review everything.

He has a high burden to prove that "there is substantial change in circumstances" to warrant the Modification. You need a good attorney who will prove that there is no "substantial" change, no reason for the change and that it is not in the best interest of the children to disturb their health insurance coverage. If you have a case in Montgomery County circuit court, you should know that the court is very, very backed up and that, unless there is a harm to the kids, and with a good attorney, he will most likely be unsuccessful.

If the current agreement states he has to cover them and they are of an age where that order still applies, it would be a rare thing that the court would now shift that burden to you. The only way this might be possible would be if the cost to him has skyrocketed and you have the ability to cover them cheaply. In this case it would be possible, but this would also trigger a recalculation of the support amount