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Is it a breach of contract if the custodial parent moves the…

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Hello Pearl

Lawyer's Assistant: What state are you in? It matters because laws vary by location.

Virginia

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Is it a breach of contract if the custodial parent moves the children to a different medical insurance without notice?From the Final Decree: The court finds that Health and Dental Insurance for the children is available at a reasonable cost to the Father....If, at some point in the future, the Mother becomes eligible for insurance and wants to move the Children to her policy and Father agrees, Father shall be responsible for 50% of the cost of insurance; Father may refuse to transfer the Children to Mother's policy if his portion of the cost of such policy exceeds the premium he then is paying for comparable coverage through his employer.Today: I discovered, the Mother now has free insurance for the children. She switched the kids over to the new policy 2 years ago. However, I've been paying about $450 per month. Which means, I'm paying $450 for no reason. Is this willingly breaching a contract with the intent to cause financial harm? Or, what would be the outcome of this?

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Answered in 1 minute by:
12/14/2017
Legal Eagle
Legal Eagle, Lawyer
Category: Legal
Satisfied Customers: 8,360
Experience: Licensed to practice before state and federal court
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Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today. Because I want to provide you with the most accurate answer possible, do you mind if I take a moment to review your question?

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only.

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Customer reply replied 2 months ago
Feel free to review the question

Thanks for your patience. I'm sorry to hear about your situation. Generally, if the mother became eligible for insurance and had the children placed on the insurance, but she did not tell you per the court order, then she is going to be in contempt of court. This means that you may be ale to file a motion for contempt to order her to repay all of the money that you have paid over the past few years. You may have to provide certain things such as receipts that you made payment and also get proof of when the children were put on the free insurance, but it is a good start. If you click here, you can get a $10 template motion for contempt form.

What other questions did you have for me today?

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Customer reply replied 2 months ago
Wow, thank you! I've downloaded the form. Considering she put the insurance under her new husband's plan (with his name) does that mean he is in contempt as well? Also, considering the amount, would this be a felony?

You're welcome! You should expect the form via email soon. It is possible the court would likely read that the minute the kids became eligible, she should have told you. The intent of the agreement was to limit costs it seems like and if she failed to do so for years, it's possible she was trying to get money out of you and you probably deserve some of that money back. It probably won't be considered a felony to be honest because the family court doesn't have jurisdiction to do that; however, they do have the authority to make her pay financially for the harm she caused. Did you have any other questions for me today?

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Customer reply replied 2 months ago
No more questions for now. If I do think of something else, I'll definitely contact you. Thank you very much for your help tonight. Have a great holiday!

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