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LawTalk, Attorney
Category: Legal
Satisfied Customers: 37855
Experience:  I am a practicing attorney with more than 3 decades of experience in the legal field.
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I am currently receiving disability from the VA at 80

Customer Question

I am currently receiving disability from the VA at 80 percent. I am trying to get 100 percent. With 100 percent my daughter will receive health insurance. I am unable to pay for her insurance at this time. In the divorce papers I am supposed to keep insurance on her which I did until I became disabled. What should I do?
Submitted: 11 months ago.
Category: Legal
Expert:  LawTalk replied 11 months ago.

Good afternoon,

I'm Doug, and I'm very sorry to hear of your situation. My goal is to provide you with excellent service today.

First of all, from one veteran to another, thank you for your service to our country!

Your question is really not a legal question at all but a financial one. The fact that you don't have enough extra money to provide health care for your daughter is not a legal excuse for violating the court order. What you should do to avoid being found in contempt of court is to buy a policy of insurance for your daughter until such time as you are rated at 100%.

You are going to have to figure out which bills to pay, and which not to pay so you can abide by the court order. If necessary you might stop paying credit card bills and other debts that will not result in you losing your home or vehicle and consider filing for bankruptcy so you can get a fresh start financially. And if the court ordered that you pay credit card or other debt of the marriage, filing bankruptcy will relieve you of that portion of the court order----because the bankruptcy laws of the US trump the court's order that you pay pre-existing debts of the family that were divided in the divorce.

You may reply back to me using the Reply link and I will be happy to continue to assist you until I am able to address your concerns, to your satisfaction.

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I wish you and yours the best in 2016,