Law Advice

Court ordered repayment of insurance premiums.

Question Details: My husband and his ex divorced in '01, in '02 they added a court order to the decree stating that my husband would provide insurance for his son and that his ex would repay the premium in full the whole time he was doing so. He is not mandated to do this, but while he is providing insurance she is to pay. Husband lost his job last October, I took the family (husband, his son and our daughter together) only my insurance. Ex refuses to pay for son's portion of premium - do I have small claims case?

Asked 10/15/2009 under Divorce, Marriage, Alimony | 207 View(s) | More Legal Topics

Are you an attorney? Sign up to answer this question.
Legal Answers Categories

Divorce, Marriage, Alimony Law Answers

Denise Ferguson / Denise Ferguson Attorney At Law Answered 2 years ago | Contributor with 4 answers

You would not have a small claims case but depending on the wording of the actual order, your husband might have a motion to show cause that he can file against the mother of his child. The issue may be whether or not that clause is actually enforceable. Depending on how it is written and how much your insurance premium is, she may not have to pay a dime. technically you do not have to provide insurance for her son as you are a legal stranger. You are choosing to provide insurance and therefore that could be construed as a gift.

Related Divorce, Marriage, Alimony Questions

Didn't find your answer? Ask.

  Top Ranking Attorneys

Sign Up Today! Are you a lawyer?
Want to be featured here? Sign up for a free profile and get started today! Click Here

More Questions Like This...

AttorneyPages.com