Legal Advice

Updated on November 10, 2008
C.K. asks from Clearwater, FL
5 answers

My ex-husband was to maintain health insurance on my 9 year old daughter as per our divorce decree. He has let the insurance lapse and will not tell me if he has paid to have it reinstated. What do I do?

What can I do next?

  • Add yourAnswer own comment
  • Ask your own question Add Question
  • Join the Mamapedia community Mamapedia
  • as inappropriate
  • this with your friends

More Answers

Smallavatar-fefd015f3e6a23a79637b7ec8e9ddaa6

H.B.

answers from Tampa on

YOu can always call the 800 number on her insurance card and ask if her policy is still current/active and go from there. If they get 'funny' about you calling, you can always have your pediatrician office call to verify coverage, letting them know that you need to know for future appointments.

If the policy has not been paid I would file a motion with the court for contempt and demand reinstatement of the policy ASAP. If you need to pay out of pocket for anything in the interim, make sure your attorney asks for reimbursement as part of the order....

Smallavatar-fefd015f3e6a23a79637b7ec8e9ddaa6

A.N.

answers from Sarasota on

We went through a similar situation in Colorado and were told to file a contempt of court since he is basically going against a court order. I would call your local courts and see what needs to be done instead of paying a lawyer, when I did they were very helpful. Good luck!

Smallavatar-fefd015f3e6a23a79637b7ec8e9ddaa6

J.A.

answers from Sarasota on

My ex husband did the same thing. I contacted my attorney and she told me the best, and cheapest, way to go was to write him a letter advising him that he has 2 weeks to respond to your request and send it to him by certified mail. Don't be hostile or anything, just very matter of fact. If he lets the 2 weeks go by without an answer then you have two options. Either go to child support enforcement (if you are receiving child support) and ask them to inforce the court order. They have attorney's that will go to court for you and it doesn't cost you a thing. Basically they would add the premium for the health insurance to his support and then you would pay it. Or your second option would be to file a "motion to compel and/or enforce" with the court directly. I had to file one last year and it cost me $50.00. But what that does is, it will go in front of a judge and he will determine a court date for you to present your case. You can also file a "motion of contempt". It doesn't really do anything unless your claiming something REALLY huge, but it stays on record with the court and then if he ever does this or something like it again, it would give you stronger ground if you ever want to change the custody agreement. Make sure you keep copies of EVERYTHING!!!! No matter how minor it may seem....keep a copy and take it to court with you!!!! I can not stress that enough!! Also another thing you can do is contact the insurance company directly. At first they may tell you they can't talk to you but let them know that this is court ordered and that you will provide them a copy of that order...then they usually will talk to you. Hope this helps!!!

I'm a divorced and remarried (to the man of my dreams) mom of 2 beautiful children ages 5 and 9.

Smallavatar-fefd015f3e6a23a79637b7ec8e9ddaa6

G.M.

answers from Tampa on

C.,
The easiest and best way to handle this situation is to contact DCF/Child support division. They will be able to help you out no matter what your income level. They are easily searchable on the internet.
G.

Smallavatar-fefd015f3e6a23a79637b7ec8e9ddaa6

R.

answers from Tampa on

I would get your legal documents together and send a copy to child support and advise them there is no current insurance on your daughter and her father refuses to provide proof if it has been reinstated. Good Luck!

For Updates and Special Promotions
Follow Us

Related Questions