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Tina, Lawyer
Category: Legal
Satisfied Customers: 33167
Experience:  JD, BBA Over 25 years legal and business experience.
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What legal actions do i have My ex wife has been taking my

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What legal actions do i have? My ex wife has been taking my sons to doctor visits and hospitals. They are on my health insurance (I am the primary) however i am not getting any of the bills because she is using her address. She is giving the hospitals and doctors my correct name, dob, & ssn but not the correct address. The hospitals and doctor offices are not even contacting me for authorization and i have not signed any forms so they can be seen. My insurance company is not even sending me the claims. So now i have all these bills that im going to be responsible for and i have no way of knowing. Are there any legal actions that i can take?

I am sorry to hear of your difficult situation and am working on your answer.

Do you have joint "legal" and "physical" custody with your ex?

Did the family court require you to carry insurance for your children?
Customer: replied 6 years ago.

I have joint legal and physical custody with my ex.

Yes the court requires that i carry insurance for my sons.



You should be contacted by your ex prior to the medical care being provided unless it is on an emergency basis since you have joint legal custody which typically means you have equal authority to determine whether medical care is necessary.

At a minimum, she should be communicating with you that the children were seen by a medical professional and why.

Since she is not, it appears that she is intentionally attempting to undermine your parental rights.

Because of this, I would consider retaining a local attorney to draft a warning letter to her that a motion for order to show cause will be filed if she continues this conduct since there is an obligation that the parents work together toward the best interests of the children, and she is not fulfilling this obligation.

The motion for OSC would normally request that the court hold your ex in contempt for violating the decree and her obligation under state law.

All the best to you.



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Customer: replied 6 years ago.

My issue is with her going to the offices and giving them the wrong information and the hospitals not verifying it and me being resonsible for the bill that i am not getting because they are not verifying anything. I dont mind them being seen by the doctors but they filing claims and not verifying the info being that i am the primary on the insurance.

The legal duty here is not with the provider, but with your ex in intentionally providing misinformation.

You would still be responsible for the bill normally. The point at which you have a legal right to challenge her actions is before the service is provided in that you have joint legal custody and your also have a reasonable expectation that she give the provider with your correct address.

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Customer: replied 6 years ago.
So if its my insurance the hospitals dont have to contact me to get authorization if im not there. The can just process a claim with wrong infomation or whatever address is given?
They would certainly be entitled to reasonably rely on the information provided by your ex.
Customer: replied 6 years ago.

Thanks i will seek advice elsewhere.

Customer: replied 6 years ago.
Relist: Answer quality.
I see that you have relisted and indicated there is something lacking in answer quality.

I also see that other attorneys have independently reviewed your questions and my answers and chosen to agree with my answers, which indicates the answer I provided is correct.

I'm not sure what additional information you might be looking for, but I'd be happy to clarify.

Customer: replied 6 years ago.
I just dont how i can just have bills out there that i dont know about did not give autorization making me responsible. I had one docotors office call me to get autorization because i was the one with the insurance. And i see other places not doing it. With all the privacy laws that the docotor and hospitals have to go by i know this is not right. i wanted a 2nd opinion.
Two other attorneys have independently reviewed my answers and agreed with them.

Good luck and take care!
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