What can I do if my ex was ordered to provide medial insurance on our kids until they turn 18 but has stopped? 62 Answers as of August 23, 2012

Ask a Local Attorney. 100% Anonymous. Free Answers.

Free Case Evaluation by a Local Lawyer: Click here
Austin Hirschhorn, P.C.
Austin Hirschhorn, P.C. | Austin Hirschhorn
You need to file a motion with the court requesting an Order for him to Show Cause why he should not be held in contempt of court for violation of the Order for him to provide medical insurance for the children.

The court will set a date for the hearing on the Order to Show Cause and your ex-husband would have to be personally served with a copy of the Order to Show Cause sufficiently before the scheduled hearing date so that he has time to respond. You probably need the services of an attorney to do the necessary paperwork and represent you at the hearing.
Answer Applies to: Michigan
Replied: 8/23/2012
Neville J. Bedford Attorney at Law
Neville J. Bedford Attorney at Law | Neville J. Bedford
Petition the court to enforce your rights with a competent attorney in your jurisdiction. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person.
Answer Applies to: Rhode Island
Replied: 8/17/2012
Victor Varga | Victor Varga
File for contempt.
Answer Applies to: Maryland
Replied: 8/14/2012
Law Office of Melvin Franke | Melvin Franke
Hire an experienced divorce attorney to file a contempt case.
Answer Applies to: Missouri
Replied: 8/14/2012
Blough Law Office | Janis L. Blough
Assuming that only your husband was ordered to maintain health insurance on the kids until age 18, AND assuming that one or more of them has not yet reached that age, you could file a petition for order to show cause why your husband should not be held in contempt of court for violating that judgment provision. Your assumptions, however, may be in error. Good Luck!
Answer Applies to: Michigan
Replied: 8/14/2012
    Clos, Russell & Wirth, P.C. | Gary A. Russell
    File for a motion to enforce the judgment/order or request a show cause hearing. G
    Answer Applies to: Michigan
    Replied: 8/14/2012
    Kenneth A. Friedman, P.A.
    Kenneth A. Friedman, P.A. | Kenneth A. Friedman
    You can file a Motion for Contempt and/or Enforcement. He is not allowed to deviate from a prior court order without consequences. You should seek the advice of counsel as these situations can get complicated if he lost his job or has some other excuse.
    Answer Applies to: Florida
    Replied: 8/14/2012
    Gregory T. Buckley, Attorney at Law
    Gregory T. Buckley, Attorney at Law | Gregory T. Buckley
    You can file a Motion for Contempt and Enforcement against her. Did she recently lose her job or is is the insurance no longer "reasonably available"? If so, it may be difficult to get the court to find her to be in contempt. Are you able to put them on your insurance?

    If so, that might be your best bet, along with filing a Supplemental Petition to modify the child support, as you would be entitled to a credit for providing the insurance for the children.
    Answer Applies to: Florida
    Replied: 8/14/2012
    Alvin Lundgren | Alvin Lundgren
    Take him back to court to get him held in contempt for failure to provide the insurance.
    Answer Applies to: Utah
    Replied: 8/14/2012
    Reeves Law Firm, P.C.
    Reeves Law Firm, P.C. | Roy L. Reeves
    File a Motion to Enforce. Another option, albeit a financially burdensome one, is to take out insurance yourself and send him a letter demanding reimbursement. This can also be followed up with a Motion to Enforce.
    Answer Applies to: Texas
    Replied: 8/14/2012
    The Law Office of Cathy R. Cook
    The Law Office of Cathy R. Cook | Cathy R. Cook
    You should file a motion for contempt for his failure to comply with the court order.
    Answer Applies to: Ohio
    Replied: 8/14/2012
    Glenn E. Tanner
    Glenn E. Tanner | Glenn E. Tanner
    File a request to have your ex held in contempt of court.
    Answer Applies to: Washington
    Replied: 8/14/2012
    Darrell B. Reynolds, P.C. | Darrell B. Reynolds
    Take him back to court for contempt.
    Answer Applies to: Georgia
    Replied: 8/14/2012
    Wolfstone, Panchot & Bloch, P.S., Inc.
    Wolfstone, Panchot & Bloch, P.S., Inc. | Mark Brown
    File a Motion for Contempt to put him in jail. The judge will get his attention.
    Answer Applies to: Washington
    Replied: 8/14/2012
    Goncalves Law Office | Humberta Goncalves-Babbitt
    Assuming that there is a court order stating that your ex must provide health coverage for your children until age 18, then your option is to go back to Family Court to enforce the Order.
    Answer Applies to: Rhode Island
    Replied: 8/14/2012
    John Russo | John Russo
    File a motion in the family court to adjudge him in contempt, Also, in most cases the court will award you 100% of any expenses you have had relevant to paying for medical cost for the children during the period he failed to cover the children.

    Also, if he does not have a real good excuse for dropping the coverage and does not obtain it during the motion period ask that he be adjudged in WILLFUL CONTEMPT.
    Answer Applies to: Rhode Island
    Replied: 8/14/2012
    Attorney at Law | John P. Rivers
    If your ex-husband fails and refuses to comply with the terms and conditions of your divorce decree, you may file an action seeking to have him held in contempt of court.

    You should employ the services of a competent and experienced family law attorney to assist you. In a contempt action concerning the failure of a party to comply with a judgment or other order of a court, the issues are generally as follows: Whether there has been a failure to comply with the order or judgment in question; if not, the Defendant is not guilty of contempt; Whether the failure to comply was willful or without justification; if not, the Defendant is not guilty of contempt; If the failure to comply was willful, a determination of what the Defendant must do in order to comply with the order of the Court; and If the Defendant refuses to take the action directed to purge himself of contempt, the Court then determines what sanctions or punishment should be applied.

    If the Court determines that it should apply sanctions, the offending party may be placed in the jail.

    The Court may order that the respondent stay there until the offending party takes certain action or agrees to do so, or for a specified period.

    The Court may also impose such other penalties as he sees fit.
    Answer Applies to: Georgia
    Replied: 8/14/2012
    Warner Center Law Offices of Donald F. Conviser
    Warner Center Law Offices of Donald F. Conviser | Donald F. Conviser
    You would best consult with an experienced Family Law Attorney to review the Court Orders (likely in a Divorce Judgment) to determine whether the order was unconditional, or whether it was for employment-related health insurance, and if the latter, to determine whether or not your ex is unemployed or has become re-employed with an employer who offers employment-related health insurance.

    If your husband is unemployed, you would be unable to enforce an order for him to carry employment-related health insurance for the children until such time as he becomes employed with an employer who has a health insurance policy available for employees and their families.

    Also, the lawyer should look to see how the Orders or Judgment provide for payment or apportionment of non-covered health care expenses for the children. The remedies that may be available to you would depend on what the lawyer determines after investigating the facts.
    Answer Applies to: California
    Replied: 8/14/2012
    Law Office of Gregory Crain | Gregory Crain
    Contempt of court.
    Answer Applies to: Arkansas
    Replied: 8/15/2012
    Ezim Law Firm | Dean Esposito
    File a motion for contempt and request that you provide insurance and he be ordered to pay 100% of the costs.
    Answer Applies to: Louisiana
    Replied: 8/14/2012
    Reza Athari & Associates, PLLC | Seth L. Reszko
    You have the right to file a motion in Family Court to compel enforcement of the decree of custody order to make sure the father is paying health insurance for the child. If you are interested in retaining private counsel, we provide free consultations and reasonable payment plans. Otherwise, the Family Court has a self-help center that can assist you with the forms that you would need to fill out and file. Good luck.
    Answer Applies to: Nevada
    Replied: 8/14/2012
    Burnett Evans Banks
    Burnett Evans Banks | Paul Evans
    The way to enforce your Order is to file a Motion with the Court to bring the other party's non-compliance to the Judge's attention.

    This is typically done with a Motion for Contempt.

    Meanwhile, if you are able to provide the health insurance yourself, you can ask the Court to order your ex to reimburse you for what have been forced to pay, and also for your attorneys fees, which were all incurred as a result of your ex's failure.
    Answer Applies to: Missouri
    Replied: 8/14/2012
    Beaulier Law Office
    Beaulier Law Office | Maury Beaulier
    You may file a Motion in Court for contempt and to compel the other party to provide that insurance or pay your for a similar policy.
    Answer Applies to: Minnesota
    Replied: 8/14/2012
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    File a motion to enforce the order, now, before they get sick.
    Answer Applies to: Michigan
    Replied: 8/14/2012
    Robert J. Merlin, P.A.
    Robert J. Merlin, P.A. | Robert J. Merlin
    Contact your local office of Child Support Enforcement to be represented for free, hire an attorney to go after him to enforce the order and for contempt or file a similar motion yourself.
    Answer Applies to: Florida
    Replied: 8/14/2012
    Dennis P. Mikko Attorney at Law | Dennis P. Mikko
    Ask the court to issue an order to show cause as to why he should not be held in contempt of court. In Michigan, the local Friend of the Court office will be able to assist you in this matter.
    Answer Applies to: Michigan
    Replied: 8/14/2012
    Mike Yeksavich | Mike Yeksavich
    Cite him for contempt of court.
    Answer Applies to: Oklahoma
    Replied: 8/14/2012
    Leonard A. Kaanta, P.C. | Leonard A. Kaanta
    File a compliant with the friend of the Court.
    Answer Applies to: Michigan
    Replied: 8/14/2012
    John E. Kirchner, Attorney at Law
    John E. Kirchner, Attorney at Law | John Kirchner
    If the original child support order was properly prepared, you can provide a copy of that order to your ex's employer - if that employer offers health insurance benefits.

    Otherwise, you will need to seek enforcement of the court order by requesting the court to enforce its order by finding your ex in contempt of court.

    Contempt can be complicated and time consuming so you should consult an attorney for assistance in pursuing enforcement.

    If your local child support enforcement agency has been involved, they should also be able to help determine if there is any employer provided health insurance.
    Answer Applies to: Colorado
    Replied: 8/14/2012
    Law Office of James Lentz
    Law Office of James Lentz | James Lentz
    You will need to hire an attorney to file a motion to show why he should not be held in contempt of court. The good news: it is likely the court will order him to pay your legal fees.
    Answer Applies to: Ohio
    Replied: 8/14/2012
    T.K. Byrne | Timothy K. Byrne
    You may bring her back to Court on a contempt.
    Answer Applies to: Mississippi
    Replied: 8/13/2012
    Steven Alpers | Steven Alpers
    It depends why he stopped. If he lost his job and insurance with it, you may not be able to do much. You can try to get him ordered to reimburse you for unpaid medical bills.
    Answer Applies to: California
    Replied: 8/13/2012
    ADELMAN & SEIDE, LLP
    ADELMAN & SEIDE, LLP | GEORGE N. SEIDE
    Ask your local child support agency to enforce the health insurance order. They have broad powers and are free as an outreach program of the state. You may get addresses and phone numbers for the local agencies through the Internet. https://www.childsup.ca.gov/Payments/StateDisbursementUnitSDU.aspx Husband may be obligated for all out of pocket medical costs, which were paid due to the lack of insurance. If he lost the ability to provide health insurance that may be a different question.
    Answer Applies to: California
    Replied: 8/13/2012
    Law Offices of Helene Ellenbogen, P.S.H | Helene Ellenbogen
    You can make a motion to compel or a motion for contempt. If he stopped because he became unemployed and therefore lost the health insurance, insurance will have to be recalculated/reassigned. Your child support order outlines that.
    Answer Applies to: Washington
    Replied: 8/13/2012
    Law Offices of Frances Headley | Frances Headley
    You can take him back to court and ask that the court find him in contempt. You should consult a family law attorney or facilitator to assist you.
    Answer Applies to: California
    Replied: 8/13/2012
    Steven Harrell, Attorney at Law | Waymon Steven Harrell
    You need to employ an attorney and file a contempt motion in the county where you were divorced.
    Answer Applies to: Georgia
    Replied: 8/13/2012
    Michael Apicella
    Michael Apicella | Apicella Law and Mediation
    Contact your local county Department of Child Support Services, and they should help you enforce that part of the order.
    Answer Applies to: California
    Replied: 8/13/2012
    Attorney At Law | Harry D. Roth
    Lots of stuff and DCSS can help. If you know where your former husband and the father of your children work, you can serve his employer with a copy of the order to provide insurance. He can be forced to buy insurance and the cost will be deducted from his paycheck, just like it would if he were a real grown-up and took care of his kids without being forced. DCSS does this with some frequency and they can help. DCSS is wonderful and they are free, but they are overwhelmed and not terribly responsive in many cases. You can do this yourself or with the help of private counsel, but were you my client, I would send you to DCSS, at least to start. Second, you can provide the insurance yourself and then go to court for an order directing him to reimburse you. The downside of this is that you have to do it over and over, just like trying to get him to pay for his share of the uncovered health care costs. If you are going this route, then avoid DCSS except that they will collect the money once the court has ordered it. Retain private counsel or file the motion yourself. Be sure that, before you file a request for this reimbursement, you have given him written notice of what you intend to do and what it will cost. The last, worst way is to just incur the debts for medical care (and pay them if you can) and then go to court for orders to collect the specific amounts of money involved. He will have to pay either all of it or everything the insurance would have paid if there were insurance. The only good part of this method is that it is better than letting your kids go without care. If you qualify for Medicaid or for Healthy Families, get the coverage. If the kids are on Medicaid then the state has an incentive to grab his employer for health insurance. You will have to take him to court for reimbursement for the Healthy Families coverage, but at least it is cheaper than private insurance and will protect your kids' health and your pocketbook while you litigate.
    Answer Applies to: California
    Replied: 8/13/2012
    Jones Jones & Mosley PA
    Jones Jones & Mosley PA | Bernard Jones
    You can ask the court to find him in contempt of court. If he is found to be in contempt, the court may incarcerate him until he cures the contempt by making arrangements to provide the medical insurance. That usually will get his attention.
    Answer Applies to: Mississippi
    Replied: 8/13/2012
    The Davies Law Firm, P.A.
    The Davies Law Firm, P.A. | Robert F. Davies, Esq.
    You can file a motion (a written request) asking the Judge to force him to put the insurance back and to pay for any medical bills that the kids have due to the insurance being cancelled.
    Answer Applies to: New Jersey
    Replied: 8/13/2012
    Slotnick & Schwartz
    Slotnick & Schwartz | Leonard T. Schwartz
    You have to file an application or motion with the court to enforce litigant rights. The Court will Order that he provide the insurance perhaps increasing child support so that you buy the policy.
    Answer Applies to: New Jersey
    Replied: 8/13/2012
    Mary W Craig P.C. | Mary W Craig
    You can take her back to court and ask the judge to hold her in contempt of court for failing to obey a lawful court order. In the meantime, you need to take whatever steps are necessary to make sure your kids have medical insurance.
    Answer Applies to: Alabama
    Replied: 8/13/2012
Click to View More Answers:
12 3 4 5 6 7 8 9 10 11 Free Legal QuestionsConnect with a local attorney