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Medical insurance contempt?

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SESmama

Member
What is the name of your state (only U.S. law)? GA

Ok, so we have a CS order from 2010 where ex is ordered to provide medical insurance for child.

He provided insurance for a short time (approx 2 months) before it was cancelled (no longer working there). That was Sept-Nov 2010

We went to mediation and came up with new parenting plan. All seemed well.

Ex is now claiming the medical insurance requirement was a "mistake". He is holding up signing the new plan claiming I am notmproviding adequate insurance for our son. It's one of those low premium/high deductible plans through my employer (very large company).

He is now stating he will file contempt charges on me for failure to provide medical insurance and will request all past reimbursed medical costs (we split the uncovered 50/50).

Question is, based on
1) the last order was for him to provide medical even though I have continued to cover son (due to lack of such from the ex in the past). Would he not have had to contest that line long ago?

2) I have had this same coverage for 2 years now (no complaints last year from the ex)

3) He paid for the medical for part of 2010 (would that not indicate an agreement of the clause/item?

Can the ex really win at possible contempt charges? I would not think so but I really have been unable to find out anything definitive.
And he is now refusing to reimburse his half so I advised that some sort of payment is due by May 31 or I will be filing to enforce the mediated agreement and for failure to reimburse the medical.

No, we are freely following the new parenting plan without issue.
 


Artemis_ofthe_Hunt

Senior Member
What is the name of your state (only U.S. law)? GA

Ok, so we have a CS order from 2010 where ex is ordered to provide medical insurance for child.

He provided insurance for a short time (approx 2 months) before it was cancelled (no longer working there). That was Sept-Nov 2010

We went to mediation and came up with new parenting plan. All seemed well.

Ex is now claiming the medical insurance requirement was a "mistake". He is holding up signing the new plan claiming I am notmproviding adequate insurance for our son. It's one of those low premium/high deductible plans through my employer (very large company).

He is now stating he will file contempt charges on me for failure to provide medical insurance and will request all past reimbursed medical costs (we split the uncovered 50/50).

Question is, based on
1) the last order was for him to provide medical even though I have continued to cover son (due to lack of such from the ex in the past). Would he not have had to contest that line long ago?

2) I have had this same coverage for 2 years now (no complaints last year from the ex)

3) He paid for the medical for part of 2010 (would that not indicate an agreement of the clause/item?

Can the ex really win at possible contempt charges? I would not think so but I really have been unable to find out anything definitive.
And he is now refusing to reimburse his half so I advised that some sort of payment is due by May 31 or I will be filing to enforce the mediated agreement and for failure to reimburse the medical.

No, we are freely following the new parenting plan without issue.
I'm a bit unclear, feel free to clear this up for me if I'm wrong:

~Court order that is actually signed states that HE is to provide medical insurance, which he is not. YOU actually are.

~Mediation results state STILL that he is to provide medical insurance but he is claiming that that is incorrect and will not sign?

~New parenting plan addresses this issue, what does it state (minus names)?
 

SESmama

Member
I'm a bit unclear, feel free to clear this up for me if I'm wrong:

~Court order that is actually signed states that HE is to provide medical insurance, which he is not. YOU actually are.

~Mediation results state STILL that he is to provide medical insurance but he is claiming that that is incorrect and will not sign?

~New parenting plan addresses this issue, what does it state (minus names)?
Correct

Mediation results do not address who carries medical insurance.

It is still ordered he carry medical insurance. I carry it simply because he tends to not do so and son cannot go without coverage. Kind of a CYA situation is why I carry insurance.

Since the current child support order states he is to carry the medical insurance (mistake or not) I do not see how he could win at a contempt charge on me.
 

Artemis_ofthe_Hunt

Senior Member
Correct

Mediation results do not address who carries medical insurance.

It is still ordered he carry medical insurance. I carry it simply because he tends to not do so and son cannot go without coverage. Kind of a CYA situation is why I carry insurance.

Since the current child support order states he is to carry the medical insurance (mistake or not) I do not see how he could win at a contempt charge on me.
Barring anything else, I don't see that you're wrong in your assessment. I don't see how a judge would find you in contempt, when he is clearly ordered to, and you have for so long.
 

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