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xavierjd
xavierjd, Lawyer
Category: Family Law
Satisfied Customers: 3400
Experience:  20 yrs exp. in divorce, custody, visitation & support .
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Aside from child support I am paying for half of childrens

Customer Question

Aside from child support I am paying for half of children's medical. Do I have the legal right to ask for monthly statements every month for the premiums to verify that she still has the children in the policy and that she is paying it?
Submitted: 1 year ago.
Category: Family Law
Expert:  xavierjd replied 1 year ago.
Thank you for using JustAnswer.com It will be my pleasure to assist you today.

Are you paying for half of the medical expenses that are not covered by insurance?

Are you separately paying for half of the insurance premium? Or, is that considered part of your child support?

Thanks
Customer: replied 1 year ago.

> Are you paying for half of the medical expenses that are not covered by insurance?


 


I'm paying half of any medical expenses not covered by insurance. I'm also paying half of the monthly premiums



> Are you separately paying for half of the insurance premium? Or, is that considered part of your child support?


 


Premiums is not part of the child support but I have to pay half of that separately.

Expert:  xavierjd replied 1 year ago.
Hi Paul,

Thanks for the information.

One more question: How do you pay half of the premiums---do you pay the insurance company directly? Do you pay your ex directly? Or, is it considered as part of your child support?

Thanks
Customer: replied 1 year ago.

It is not part of child support like i stated in last message. I pay her directly... this is why I need those statements every month but she is refusing to give it to me.

Expert:  xavierjd replied 1 year ago.
Hi Paul,

The answer to your question is YES. To create a paper trail, you may wish to write your ex a letter asking for the proof of the monthly payments for the health insurance for the child. You may wish to give her a deadline (for example 10 days from the receipt of the correspondence) to give you the monthly statements. If she works, and the health insurance premium is taken out of her check, then you can ask for documentation to prove that the child is covered through her employment and that the premiums are being paid. You should date the letter, sign it and make a copy of the letter.

If you do not receive the documentation from her within your deadline (eg. 10 days), then you can file a Petition to Request Proof of Medical Insurance for the Minor Child. If you have to file a Petition, then you must use the Caption from your divorce (eg. Court, parties, judge, case number) and title your Petition.

You should include numbered paragraphs in your Petition:

1. Date of Divorce.

2. Provision in Divorce that provides for the payment of health care for the child;

3. State that you have asked both verbally, and in writing (see exhibit 1 and attach a copy of your letter) for documentation that the health insurance premiums are being paid.

4. State that your ex has failed, neglected and/or refused to provide you with the requested documentation.

WHEREFORE,

A. Request a hearing;

B. Request that the Court Order your ex to provide proof of monthly payments of her half of the medical insurance;

C. Order your ex to pay the costs of having to file the Petition;

D. Order any other relief that is just and equitable.

Sign and date the Petition. File the original with the Court, a Copy for the Friend of the Court and keep a copy for yourself. You must mail a copy to your ex and then file a Proof of Service (available at the court) with the Court indicating the date that you served her and how you served her (by regular mail).

I hope you find this information useful.

My goal is to provide you with excellent service – if you feel you have gotten anything less, please reply back. I am happy to address follow-up questions. If you are satisfied with my answer, please rate it as "excellent" or in another positive manner. That is the only way that I can get credit for answering the question.

Thank you for your business!

XavierJD
Customer: replied 1 year ago.

I've done all that and she had ONCE sent it to me in January 2013. My original question is can I request that she send me the statement every month for each month? For example today is March 2013. I want to receive the statement for March 2013. Next month will be April 2013. I want her to send me the statement for April 2013 when that time comes... etc... I want a copy to be sent to me every month for that month so I have proof that she hasn't stopped the children's policy while she's getting free money. Her lawyer said "you only need to send him the policy renewal once a year" which I think she is lying. But I don't know that until you can verify that that is true or not. Thank you.

Expert:  xavierjd replied 1 year ago.
Hi Paul,

Sorry for the delay in responding. I was finishing assisting another customer.

The answer to your question is YES. You CAN request a copy of the policy and a copy of the monthly statements so that you are SURE that your child is covered and so that you are not giving your ex free money. If she pays on a yearly basis, then you can ask for that information as well.

I hope you find this information useful.

My goal is to provide you with excellent service – if you feel you have gotten anything less, please reply back. I am happy to address follow-up questions. If you are satisfied with my answer, please rate it as "excellent" or in another positive manner. That is the only way that I can get credit for answering the question.

Thank you for your business!

XavierJD
Customer: replied 1 year ago.

Is email considered a legal paper trail document for my request?

Expert:  xavierjd replied 1 year ago.
Hi Paul,

Yes. E-mail can be used to create a paper trail. You should print out a copy of the e-mail. You should include the date and time it was sent. You need to make sure that it doesn't come back to you. Her only defense would be that it went to her "junk mail." But junk mail is usually filtered. You can do the e-mail, and even print it out and send it to her as a back up in case she uses the "junk mail" defense.

I hope you find this information useful.

My goal is to provide you with excellent service – if you feel you have gotten anything less, please reply back. I am happy to address follow-up questions. If you are satisfied with my answer, please rate it as "excellent" or in another positive manner. That is the only way that I can get credit for answering the question.

Thank you for your business!

XavierJD
xavierjd, Lawyer
Category: Family Law
Satisfied Customers: 3400
Experience: 20 yrs exp. in divorce, custody, visitation & support .
xavierjd and 5 other Family Law Specialists are ready to help you
Expert:  xavierjd replied 1 year ago.
Hi Paul,

Thank you so much for the "good service" rating! It is greatly appreciated and I am glad that you found the information useful.

If you have future questions, you can specifically request me by name as the expert.

Thanks again,

xavierjd
Customer: replied 1 year ago.

Thank you for helping out.

Expert:  xavierjd replied 1 year ago.
Hi Paul,

You are VERY welcome!

Good luck to you :)

xavierjd

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