My child's father was ordered by the courts to carry health insurance on my son back in March of 2007. He neglected to inform me or the child support agency of this information, and my son has been on Badgercare (state assistance) for the past 2 months. His father's health insurance also does not cover the area that we live in, and since he does not want to see my son or have anything to do with physical placement, he does not take him to the doctor in his area which would be covered. How do I bring this up to the courts? I keep continuously being shut down by his attorney and the judge, they make him out to be god but he is just a snake. He wants to get out of paying back child support because he wants a job in another state and they won't hire him unless he is current on his child support. Help! I'm going nuts. Umm to Cecil. I have a job, fulltime, and I pay for childcare and have paid for all of my sons costs for over 18 months. This sperm donor has avoided paying support for that long. Ok. You should read the whole question before you answer. HE DOES NOT DRIVE TO SEE HIS SON. HE DOES NOT TAKE HIS SON EVEN THOUGH HE HAS JOINT LEGAL CUSTODY. THE ONLY PROVIDERS ARE OVER 2 HOURS AWAY. Now, the state also has a law that he can pay partial of my family plan if more appropriate. PLEASE READ THE QUESTION BEFORE COMMENTING!
Law & Ethics - 6 Answers
Random Answers, Critics, Comments, Opinions :
1 :
Get an attorney. Just tell the judge you are unable to use the health insurance because it does not cover the area you live in. Ask the judge to order health insurance that you can use in your area.
2 :
Definitely use his new job conditions as your leverage. If he keeps winning in court, You need a new lawyer. If he does not visit your child, that does not excuse child support. #1 thing to do.... keep a calendar (journal) of every event. Send certified letters demanding payment. make sure he has to sign for it. If you have state insurance, he still has to reimburse you for your cost, even if minimal. His insurance must suck to not cover where you live. Is it insurance or a discount plan? Discount plans do not qualify for health insurance. Send a copy of your health insurance orders in your divorce decree to his employer. Also, you should easily be able to get a wage garnishment if he has a regular employer. Your lawyer should have done all of this. Do you have a child support division or Attorney general in your state that will assist you? They normally give a discount on his child support due to the costs he will incur for medical support, let them know that he is not covering your child w/ medical support, so you want that discount added back into your child support payment. Child support does not go away, however the government seems to reward those who do not pay with a discount after they get ridiculously behind.... The states claim to have gotten tougher on Dead Beat Dads but I haven't seen it. Sorry for you and your child...God Bless Don't know about yours, but my decree states that if he does not adequate health insurance, then u have the right to get it through your employer, and He has to reimburse you the cost of your premiums. Please tell me what kind of health insurance he has...Is it through his employer?
3 :
The insurance is useless if it doesn't actually cover your son, so he should be ordered to change to a carrier in your area. A motion to modify can be filed. However, if the judge is biased against you, then you may want to consider hiring a lawyer to ensure that you are being treated fairly. if you can't afford to hire a lawyer, you may be eligible for free legal representation through a legal aid clinic in your area. Call the state bar association in your area and request contact info for legal aid clinics. You can also ask if they maintain a list of attorneys that handle cases on a pro bono basis. Also, whenever the judge rules against you, you should ask the judge to enter findings and conclusions of law. This will help you understand why the judge is ruling the way they are and it will allow you file an appeal if necessary. Do not give up, stay persistent. If you are forced to represent yourself, begin studying the rules of procedure for your court. The rules of procedure will help you understand the court's process and you may discover other tactics that you can take against your ex and the court. hope this helps, good luck.
4 :
As long as the health insurance covers doctors in your husbands area there is nothing you can do. The courts can not make him carry a insurance plan that is more convenience for you , they can only mandate he has one. Insurance is a big deal and if your son has it then you should be driving to where the doctors are. You can drive to the doctors just as easily as he can drive to his son.
5 :
Take the court order (you should have a copy of it) requiring insurance to the office where you sign up for Badgercare. I am surprised your ex isn't already getting notices for payment. My wife and I went through this with FLAKids and her ex and the agency took care of it.
6 :
If the doctors are by where he lives and it would be a hardship for him to find a doctor if his insurance was switched then the courts would not do it. He also has to have access to HIS health insurance and just like it is a hardship for you to drive far for a doctor it would be for him to drive far for a doctor. If there is a carrier that offers the same benefits and has doctors in both your areas then the court would tell him to switch, but other than than he complied with the court order. And you bottom question is confusing--if your child is on tax paid state insurance and you have insurance why is your son not on yours?
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