Family Law Questions? Ask a Family Lawyer Online.
Good morning. What does the divorce decree say in regard to this? Are medical costs supposed to be shared? Do you know why she went out of network for these services?
Thank you for the additional information. Based upon the language in the decree, you would need to share the cost. I say this because there is nothing that says that the mother must use an in network provider and can not go out of network. Moreover, the language indicates that the parties agreed with the plan provider and if there is no out of network coverage, then a PPO or a plan which would allow her to go out of network, should have been selected. Now, you can always try and argue that she should have used an in network provider, unless there was no other choice and she should have made a good faith effort to call the insurance company and find an in network provider to take the children to. You can also ask the Judge to order going forward, that she does that as well.
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If there is nothing contained within, based upon the language, then you want to use and argue that IF she attempts to take you back to court for get the additional costs. Moreover, if this plan does not allow you to go out of network, then there would be NO deductible, since the payments would not be applied to the plan and would go directly to the doctor.