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Roger
Roger, Attorney
Category: Family Law
Satisfied Customers: 25224
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by West
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We live in Texas. My husbands ex wife is demanding that my

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We live in Texas. My husbands ex wife is demanding that my husband go to the orthodontist where she is taking their daughter for treatment (without including him on any decisions about the treatment), sign a separate contract for part on the balance that will be due. His decree states he covers the kids, we do, and they are to each pay 50% of uncovered health expenses including ortho. The amount left owing would be 3610.00. Our half 1805.00. She wants the separate contract so she can file with her husbands insurance and get their 1805.00 paid by his insurance, no out of pocket for them. They did this with his first son. We paid 1350.00 and his ex paid nothing. The decree also states she is to provide my husband copy of the secondary insurance coverage policy and schedule of benefits. She will not give us this info. What do we do now?
Submitted: 9 months ago.
Category: Family Law
Expert:  Roger replied 9 months ago.
Hi - my name is XXXXX XXXXX X'X a Family Law litigation attorney. Thanks for your question. I'll be glad to help you with this matter.

If the ex-wife will not provide the information outlined in the court order, then your husband can file a motion for contempt of court against her. This motion will state the specific points of the decree that she is violating, and then ask the court to find her in contempt and order her to provide the information as the decree requires.

The judge can do anything from warn her to put her in jail for the violatons. Also, the court will order that the information be provided to you. This is really the only way to compel her to provide the information he's entitled to.

I hope this information answers your questions, but if you need something else, please feel free to ask. Thanks.

Customer: replied 9 months ago.

Thank you, Kirk.


Would I not be correct in thinking that the proper way of handling this would be, file with our insurance, they say our part (copay) would be 3610.00, then file with their insurance, they pay..say 1800.00..and then we split the 1800.00 in half. That is what I did with my ex, I have never heard of anyone ever doing this before. She got angry and sent me txt massage telling me she did not appreciate me calling the orthodontist, I need to call her (my husband and I work for the same employer and I actually carry the insurance, I am the primary holder so I called the ortho) with questions. And that they pay extra to cover the kids on his insurance for the purposes of the braces. I know for a fact that they also cover his kids from a previous marriage, so I doubt they have to pay anymore for adding his 3 kids on when they already have family coverage..but the decree states that either one can purchase secondary insurance, at their sole expense..that they both have to cooperate with filing claims for the best interest of the children. My response to her was just that..that both insurances should be used together and lower the out of pocket to benefit all of us..she said they would pay for insurance only to benefit them, not anyone else. We talked to the ortho office mge and told her about the past experience and why we will not sign a separate contract. Although, I am pretty sure she is friendly with his ex and knows what she is wanting to do..we told her we would like to see a monthly statement of total owed and we will pay half of what our part would be. His ex is telling him she will take him to court for not signing the contract and paying his half. Can she do that? I can see her doing something spiteful such as just going to the dentist and paying the 3600.00 and then demanding we pay her 1800.00 within 10 days. We do not have that kind of money. Also, is it not insurance fraud if she asks for two separate contracts and then shows my husband as the primary carrier with one and her husband the primary carrier on their contract?

Expert:  Roger replied 9 months ago.
I agree with your assessment of the situation, and I do agree that the insurance should be applied to the total balance, and then the remaining portion be divided between the two parents and paid per the decree.

She can take him to court, but if he simply tells the judge that he's concerned about her plans regarding the application of the insurance, the judge would likely take issue with her intentions as it seems to be a dishonest approach to the insurance coverage and swapping carriers.

Because she appears to be trying to avoid responsibility for her part of the obligation, it is not likely that she'll be very pushy about going to court - - because the judge will likely find her actions to be improper. Thus, that shouldn't be a huge concern - - and if she does file something with the court, your husband simply can take action to address his concerns and the reason he hasn't signed a contract yet.

Please let me know if you need something else.
Customer: replied 9 months ago.

Thank you, XXXXX XXXXX Could I ask one more question? If we had to go to court, although, we are not saying we won't pay, we just want a true "one" contracted statement showing what the true balance is and I am guessing she is so angry because she can't get around this if we won't sign a separate contract...but would it help our case in court if I had proof of where she did agree to use their insurance to help with root canal treatment for their daughter a year ago? After she put us down as primary insured, hers as secondary, the amount we each paid was 107.00. So, she would do it for that, I am guessing because saving a few hundred bucks each is not a huge deal verses 1800.00. For the ortho treatment, she is saying she will not use hers to help us in anyway. I also wish there was someway that the past situation with their son could be brought up. We paid 1350.00 and she paid nothing. Just seems very wrong. I would love to get that rectified by her having to pay all of this ortho treatment in full like we did with the son. Thanks, XXXXX XXXXX think this covers it...please let me know what you think about this last bit of doubt and question.


 

Expert:  Roger replied 9 months ago.
IF she were to file something in court, your husband's response could be that you've questioned her actions in the past - - and specifically address this previous issue - - and you don't want to do anything improper, anyou don't want to pay more than you have to given the insurance that provides coverage.

If your husband has concern, and informs the court of these issues, the judge certainly could direct the terms of the agreement - - which should be more in line with whar your husband wants as opposed to the questionable actions of his ex.
Roger, Attorney
Category: Family Law
Satisfied Customers: 25224
Experience: BV Rated by Martindale-Hubbell; SuperLawyer rating by West
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