Family Law Questions? Ask a Family Lawyer Online.
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?
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.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).