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Ely
Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 11448
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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My ex husband and I have a divorce decree from 2006 and he

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My ex husband and I have a divorce decree from 2006 and he was suppose to provide insurance for our three children which he didn't end up doing so my husband now and myself supply the health insurance and have constantly for almost 8 years. He is suppose
to be responsible for half of all co-pays, deductibles, premiums, and any other out of pocket medical expenses. He doesn't pay the minimum state required child support by the state of Georgia he only pays what we agreed to when I was much younger because it
was the only way he was going to give me an uncontested divorce to save money. He currently only pays $180 weekly which child support enforcement takes from his pay checks. (When he has a job, he is currently over 15K in arrears) I have not asked him for a
penny in the 10+ years we have been separated and divorced until this past year as our children are getting older and needed braces. I asked that he pay half of the out of pocket expenses for all orthodontics and dental. Of course that hasn't happened....
I figured I would use our pre paid legal help that we pay for monthly and try to take him back to court butI wasn't sure if this should be a modification of the divorce decree, or if it should be contempt of court or if there is so much going on I should just
hire an attorney to take care of everything. He has only seen his children 3x in over 10 years. He doesn't call or text and he lives about an hour from us. We don't have his address because he wont provide it to us, just a P.O Box. (Even though the divorce
says we both have to provide an address) He is also saying his attorney says I MUST provide bills to him to be paid within 90 days of receiving them, which I have never heard of. He says they have to be notarized and sent to him. He also says that they have
to be ran through his insurance but the children aren't covered on his insurance. He says he has to have the opportunity to run it through his insurance company but obviously the insurance company isn't going to pay for something that was not under the policy.
I also don't see how a judge would force me to put the children on his insurance plan when he has had over 5 jobs in the last year and my current husband who's insurance policy the children are on has been employed at the same place for almost 13 years. The
children need insurance and I would think stability is key. So I guess my main questions are: Is there so much going on that I Just need to hire an attorney to take care of it all? Or should I just go back to court myself and if so would it be an amended or
contempt of court case? Do I only have 90 days to submit all bills to him to be paid (His portion) I have always paid in full so I don't have to owe the doctors offices and I have the bills and payment receipts that they have been paid. Do they have to be
notarized? Ive never head of either of this before. Would a judge force me to put the children on his insurance even though he is so unstable, and they have had the same insurance for almost 10 years? (since 2006)
Submitted: 1 year ago.
Category: Family Law
Expert:  originallawyer replied 1 year ago.
Ideally you should have a lawyer. They will be able to handle this in a more timely manner than likely you would be able to. In terms of the time limit for medical bill presentation, that depends entirely on what it says in your order. Some time limit is expected. I've seen 15 days, 30 days, etc. However, if your order does not specify, he can't just arbitrarily pick a time limit. I've also never heard of them being notarized. That too would need to be specified in the order. I'd say a bill from a doctor's office would be sufficent without adding the requirement of notary. A Judge isn't likely going to force you to put your kids on his insurance, especially if they have the option of being on stable insurance. This would be a contempt of court/modification case, because you are trying to both raise support and also hold him in contempt for not following the order.