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  1. #1
    bls Guest


    California. an order dated back in 1995 word for word says IV. Basis Of Agreed Support: father shall pay *** sum of money directly to the district attorney "As additional support father shall obtain and maintain, through his employer a policy of insurance providing major medical dental and vision coverage for the child for the duration of the support obligation. The child's health costs that are not covered by any policy of insurance shall be equally divided between both parties. (B.) Health Insurance:If no policy of health insurance is available through employment, the parties agree to abtain and maintain a policy of health insurance and pay all expenses which are not covered by this insurance, including the amounts deductible...my question is who pays for what , when father has insurance for child through his employment and mother has a seperate insurance coverage for child to. dad wants mom to help pay 50%of his deductibles and copays....but dad would have no deductibles if he would just take child to an In Network provider, but he chooses an out of network provider....so according to the way this order is writen does mom have to reimburse dad, even when they both have insurance coverage for the child???? please help me clear up this argument with father, for he is saying that this order says i'am to pay 50% of what his insurance does not cover including the deductible, thank you for your advise and reading my post......bls

  2. #2
    Join Date
    Jan 2001
    okay, most of it is in how you want to read it.

    my decree details the same. the father is to carry the insurance, we split 50/50 what is not covered. I had the judge detail it out and he stated it was co-pays, what was left of the medical bill after insurance, and any medication bills, etc... any dollar amount paid by one parent was to be split by the other parent.

    their father didn't pay his part - i gathered bills and took him to small claims for it.

    now, the fact that you also carry insurance is your decision. he is following the decree and providing the coverage. he can also take the child to any doctor that he choses, just as you can. as long as that doctor accepts his insurance - since that is the insurance that he is providing (as ordered). did you provide him copies of your insurance cards or network providers? (which if there are no costs related to your insurance, it's some really good insurance. most call for co-pays)

    i am in the same boat. i carry insurance because their dad will drop it every other month because he wants to keep the money for the premium when he is short of cash.

    now, the only chance that you got is if he takes you to court for the amount that he says you owe him. it could be family court or small claims. you would then have to prove that if he used a network provider from your insurance that all claims would be paid in full and no balance would be required to be paid. it would almost be the personal opinion of the judge that he was being uncooperative and causing the charges or that you were being stubborn and refusing to pay them. or vice versa.

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