PKV divorce case, children remain privately insured

PKV: Even in cases of divorce, children remain privately insured

The Koblenz Higher Regional Court has decided that for children who were previously private health insurance (PKV), even a separation of parents in this status does not change (file reference: 11 UF 620/09).

The case: A woman had changed after her divorce from the formerly for all family members existing private health insurance back to a legal insurance - in the private patient status of the common son (10) but nothing changed. The father - of course, subject to maintenance - but did not agree with this rule and demanded to co-insure the boy on the insurance of the mother for free and justified this with the significant cost savings.

The mother, on the other hand, argued that the child had been privately insured for the rest of his life and that an ADD illness would require therapies for doctors who do not treat statutory health insurance patients.

The mother also made convincing arguments in favor of the father's suggestion that the son should receive treatment by way of an increase in statutory benefits through private supplementary insurance: In this case too, there would be a risk that even the increased benefits would not be compatible with them a full private health insurance could keep up. Conclusion: The court gave the mother right and obliged the father to pay contributions for the son (180.46 euros per month). The reason: The monthly contributions are part of the maintenance. Furthermore, it can be assumed that additional insurance due to the child's illness would exceed the sum demanded by the father (EUR 7,46) and therefore no visible financial advantage
to the private insurance would be recognizable. In addition, it was questionable anyway, whether the insurance would take the boy at all readily.

Thus, the judges of the Higher Regional Court Koblenz have spoken a forward-looking judgment - because in general, the cost of a child's private health insurance in the maintenance tables are NOT listed, but you can under
Circumstances constitute part of the maintenance. This is the case if the child was privately insured for life and the divorced parent continues to be financially well secured even after the separation and remains a private patient - as a rule, children are insured with the company, which also includes the parent is under contract for higher income. According to the court, an exemption only applies if a statutory insurance plus private supplementary insurance compares to a recognizable financial benefit
would bring with the pure private insurance - then it is possible to obtain after the divorce of the parents for the children a change in the statutory family insurance. (sm, 29.01.2010)

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