Wednesday, August 12, 2009

Question health care coverage and child custody (split)


Question health care coverage and child custody (split)?
two children involved- teenagers. I have one- ex has other. Order states- no child support- and we are both to support the children in our care. This was from years ago. Fast forward- ex seeking custody of child in my custody- but judge going to keep things as they are= per reccommnedation. Was just back in court recently- ex tells judge I was ordered to provide a health care card for child in her custody- judge doesnt let me get a word out and tells me to send her the card certified mail. There is no support or order besides what I stated above. I do not have an insuranc card from ex for child in my care- who BTW has medical ailment from birth. I am fearful of sending the card- because ex's huband has several felony convictions- including forgery and counterfieting and I don't know what they would do with my info- as they can gain info about myself and new spouse (children) with this card. I have another court case coming up- as case was continued to allow ex to review some info. Oh- and no- neither of us has an attorney. I visted a few and they wanted $3500 retainer. Whcih I dont have. Am at a loss on what to do- as don't want to make the judge mad- but also don't want to do anything outside of the order- as I feel ex will only want more outside the scope of the order. Ex has prviously violated parenting time order and forbidden me to see my child in her care during the holidays --- unless I gave her $$$- which I refused to do- basically extortion. (Ex actually wrote a letter to the court stating knows I bank with XYZ and they were open to get $$$. I was shocked to see my banking info and am a little worried.) Any advice?? Thank you. I wanted to add the fact that my insurance does not have a provider in the state ex lives with child (ex moved 18 hours away without my knowlege/approval or courts- which is needed to move more than 100 miles.) Nope- not found in contempt- told to make motion to change domicile- hasn't. I guess I am going to print the directory out so can show judge if need be. I am going to try a couple numbers I have on legal advice.
Other - Pregnancy & Parenting - 3 Answers



 Random Answers, Critics, Comments, Opinions :
1 :
first contact your insurance company, i am very skeptical that he could find out anything with the card, the policy isnt in his name so he shouldn't gain access to anything other than his childs info... maybe not even that, i am having trouble getting info for my children since my husband is the policy holder and we are still together, we have BCBS if that helps
2 :
I would definitely try talking to the judge, because as long as it wasn't stated in the original order, then by law, you don't have to provide medical to that child, if that were the case, like you mentioned, your ex would also have to be responsible for paying medical bills for the child you have custody over. If there is no way that you can talk with the judge, I would appeal his/her decision, your standing ground is what that original order states, I'm not sure how much your income is, but if you make under a certain amount, you can get free legal aid. just do research for the state you live in and you should be able to find out about if you qualify or not. Good luck!!!!
3 :
You need a lawyer. Some will work with you and let you pay the fee in smaller payments, or put it on a credit card. If the judge asks why you didn't forward the card, explain that it was ordered that you'd each provide insurance for the child in your care. Bring the previous order with you to prove it. Have the order opened up and ready to that provision as the judge will want to see it and won't want to wait for you to dig through papers or flip through pages to get to it. Visitation is not contingent on payment, even when payment has been ordered. It's a violation of the order to prevent a parent from seeing their child during court ordered visitation. This is called being in contempt of the visitation order. Bring this to the judge's attention and make it known that you'll be alienated from the child in your possession as well should the ex get custody of that one. Good luck.





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