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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Family Law
Satisfied Customers: 19113
Experience:  B.A.; M.B.A.; J.D.
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We are going thru divorce. Our child has disability -autism-

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We are going thru divorce. Our child has disability -autism- and he was receiving free health insurance thru medical.
When DCSS opened a case they charged my ex for health insurance thru his work. It is now $320+ $40 co-pay for every therapy session. We have 8 classes per week so it makes it $1600 per month including insurance. They told us that we have an option to apply for hardship and my ex wanted to do it but then changed his mind.
He is making 100k/yr and I am receiving social security income in the amount of 26000/yr to take care of our son.
Ex already makes me pay 1/2 of daycare-$500. Would it be expected that I pay 1/2 off medical expenses as well?
What if I cant afford it? He didnt pay me spousal support since June 2016.
I feel like this behaviour is part of some strategy bc he wants me to start full time job but I cant do it bc I am taking our son to therapy sessions.
Can I do anything to prevent him from increasing insurance cost?
It is like he would rather spend his $$ on overpriced therapy sessions instead of giving it to me as child and spousal support.
Thank you!!

Hello: This is Phillipsesq. Welcome to JustAnswer! I am reviewing your post, and I will post my response very shortly. Thank you for your patience.

I am sorry, but I am having difficulty understanding the issues.

Could you clarify?

Thank you very much for your cooperation.

Customer: replied 6 months ago.
No problem.
Can my ex switch insurance without my approval? It involves assignment of new doctors and therapists and our son already got used to the existing ones and he doesnt tolerate changes in his condition.What are my options if I cant afford to pay $800 in medical expenses? Would the court expect my ex to pay?Can I file some motion to court explaining the issue? It seems that ex did it on purpose so that I wont be able to afford insurance and he would have to spend his $$ on medical expenses and show that he has less income left and reduce my spousal support.

Thank you for the information. Kindly give me a few minutes to review the information that you have provided and prepare my response.

Thank you for your patience.

Can my ex switch insurance without my approval? It involves assignment of new doctors and therapists and our son already got used to the existing ones and he doesnt tolerate changes in his condition.

Response 1: If you have joint legal custody, your ex must get your consent before switching insurance for your child. If both of you cannot agree, then your ex would need Court approval.

What are my options if I cant afford to pay $800 in medical expenses?

Response 2: You would need to take the matter to Court and ask the Court to order your ex to pay the expenses since you are on fixed income. So, you need to file Motion and request that the Court order your ex to pay for the medical expenses.

Would the court expect my ex to pay?

Response 3: Yes, most likely because of income disparity between two of you.

Can I file some motion to court explaining the issue?

Response 4: You can.

It seems that ex did it on purpose so that I wont be able to afford insurance and he would have to spend his $$ on medical expenses and show that he has less income left and reduce my spousal support.

Response 4: He cannot do that because his child support obligation should not adversely affect your spousal support.

Best wishes,

Customer: replied 6 months ago.
Thank you so much for your detailed response!
Response 1: if my ex already switched insurance without my consent and court approval what can I do? Motion to pay for medical expenses?
He also switched our son"s daycare from 3 days per week to 5 days per week without my consent and expects me to pay for 1/2. How can I dispute it?
Thank you.

Response 1: if my ex already switched insurance without my consent and court approval what can I do? Motion to pay for medical expenses?

Response 1: Yes, file Motion and request that the Court order him to pay for the expenses.

He also switched our son"s daycare from 3 days per week to 5 days per week without my consent and expects me to pay for 1/2. How can I dispute it?

Response 2: You also need to bring this matter to Court. You can either file a Motion and request that the Court order him to pay for the daycare expenses. Or, you can merge this Motion with the Motion for medical expenses. So, you have one Motion to medical expenses and daycare expenses. Or you can file Contempt charges against him and ask the Court to hold him in contempt of Court and penalize him. The penalty could be 100% payment of the medical and daycare expenses.

You can obtain the complaint and Motion forms at the Courthouse in the Clerk's office.

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