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The thread title is my query. Not much more to say than that.
It should be provided for in the Decree of Divorce. I can imagine many arrangements. I was not divorced, but I wanted my kids to have the best car insurance so I paid for it no questions asked. Other parents would want their children to pay for it if they are going to have their own vehicle. In some situations, the non-custodial parent would get that responsibility. In others, it might be split between the parents. Whatever is decided should be recited in the Decree. If you divorce when the kids are young, I would go back and have the Decree modified if it did not make a provision for that.
Sure, the decree is important, from the point of view of enforcing any agreement between the parents.
But it doesn't really make much difference in the insurance.
The person who owns the car must list the drivers in his/her household and be surcharged for that driver.
The person who has only visitation should notify his insurance company that he has an additional driver regularly using his/her vehicle and see how his/her insurance company wants to handle it. Might be a charge, might not be. Depends on the insurance company.
It's concealing the arrangement that's dangerous.
If your young driver uses your vehicle during regular visitation (whether it's once a week or once a month or any regular interval) notify your insurance company, in writing, of the arrangement.
My parents' divorce decree stated that Dad would buy us each a car and pay for our car insurance until age 18, but he never did. Mom didn't fight it, and us kids didn't know about it. We bought our own cars and paid our own insurance, without knowing that he was supposed to do this.
In my brother's divorce decree, his wife said she would pay for this stuff for her kids (she makes a lot of money and he's disabled), and it was her idea to put it in there. But a few months later, she asked her mother-in-law to pay for her grandson to take driver's ed instead of paying for it herself. It's clear that she never had any intention of paying for anything, but wanted to look charitable on the divorce papers.
People put things in divorce decrees that they have no intention of sticking to, and there is no penalty for not doing what the decree says they would do.
My parents' divorce decree stated that Dad would buy us each a car and pay for our car insurance until age 18, but he never did. Mom didn't fight it, and us kids didn't know about it. We bought our own cars and paid our own insurance, without knowing that he was supposed to do this.
In my brother's divorce decree, his wife said she would pay for this stuff for her kids (she makes a lot of money and he's disabled), and it was her idea to put it in there. But a few months later, she asked her mother-in-law to pay for her grandson to take driver's ed instead of paying for it herself. It's clear that she never had any intention of paying for anything, but wanted to look charitable on the divorce papers.
People put things in divorce decrees that they have no intention of sticking to, and there is no penalty for not doing what the decree says they would do.
Well, there would be a penalty if the other parent filed an OSC (order to show cause why they should not be held in contempt of court) and sought enforcement of the order. However, many times parents decline to do so for different reasons. They don't want to pay the expenses of enforcing the Decree, they don't want to **** the other parent off, they don't want the hassle, and/or they know the other parent cannot afford the cost. Divorce is a difficult situation. Its more expensive to run two households than one household and all the court orders in the world won't change that fact.
It should be provided for in the Decree of Divorce. I can imagine many arrangements. I was not divorced, but I wanted my kids to have the best car insurance so I paid for it no questions asked. Other parents would want their children to pay for it if they are going to have their own vehicle. In some situations, the non-custodial parent would get that responsibility. In others, it might be split between the parents. Whatever is decided should be recited in the Decree. If you divorce when the kids are young, I would go back and have the Decree modified if it did not make a provision for that.
Doesn't it really behoove each parent to look out for themselves individually here? If the kid is under 18 they can't legally buy the car and I don't think they can insure it either. And even if they could, if the limits of the policy were reached they'd presumably be coming after the parents.
So if Dad owns the car (legally,) then Dad is going to want to insure it. And if you're the custodial parent, I'd guess you carry the risk exposure.
And take a 50-50 custody situation. If one parent has a lot more assets that would be exposed if there were a judgement entered, then they may have a vested interest in making sure the kid is under their policy.
Doesn't it really behoove each parent to look out for themselves individually here? If the kid is under 18 they can't legally buy the car and I don't think they can insure it either. And even if they could, if the limits of the policy were reached they'd presumably be coming after the parents.
So if Dad owns the car (legally,) then Dad is going to want to insure it. And if you're the custodial parent, I'd guess you carry the risk exposure.
And take a 50-50 custody situation. If one parent has a lot more assets that would be exposed if there were a judgement entered, then they may have a vested interest in making sure the kid is under their policy.
I don't disagree from a practical point of view that each parent should look out for themselves when it comes to car insurance for their kids. From a legal standpoint though, courts allocate the responsibility for obtaining all types of insurance to different parents in a divorce. Parties that are obligated by decree to do so should honor that obligation period or face consequences for not doing so.
From a personal POV it simply never occurred to me after everything I had seen as a lawyer for my kids to have anything, but the best when it came to car insurance. I've just seen too many cases where there was a serious injury following an accident when the amount of insurance was totally inadequate to compensate the injured party. Whether it was my child or a third party I wanted to make sure good insurance was in place if a bad accident ever occurred. At one point, I was paying over $4,000 a year to insure our family automobiles. I hated it, but I felt it was the only thing to do. I never even blamed the insurance companies, I felt they were taking on a lot of risk insuring my kids for over a $1,000,000. I realize many people do not think the way that I do, but I do not apologize for my POV either.
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At one point, I was paying over $4,000 a year to insure our family automobiles. I hated it, but I felt it was the only thing to do. I never even blamed the insurance companies, I felt they were taking on a lot of risk insuring my kids for over a $1,000,000. I realize many people do not think the way that I do, but I do not apologize for my POV either.
I was never more happy when the auto and umbrella policy I had been paying on for years, paid out a $425,000 settlement. For an accident I triggered, causing 2 other drivers to collide head-on. I was not injured, and minimal damage to my car. My thanks to the agent who advised me years ago to get the $1M Umbrella.
Custodial parent was responsible for all costs incurred. That’s what child support and alimony are for.
In the absence of any other specific language, this :
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