My ex-husband hasn’t worked in he past 8 months, can I take him to court to reimburse me for the insurance I now have to pay for our children?

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My ex-husband hasn’t worked in he past 8 months, can I take him to court to reimburse me for the insurance I now have to pay for our children?

Our divorce papers state that he is supposed to carry our 2 children on his insurance, but he lost his insurance and didn’t sign up for COBRA coverage. Fortunately, I was able to add them to my insurance, at a significantly higher cost than he was paying through his employer. He is still not working, but I am still paying nearly 1000 each month to keep our children covered on insurance. Can I sue my ex and make him reimburse me?

Asked on June 12, 2019 under Family Law, Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 1 year ago | Contributor

Yes, you can: he has violated his "divorce papers," so either a settlement you and he entered into voluntarily, or a court order or decree resolving your divorce. Both are enforceable, so you can bring a legal action against him to enforce them and force him to pay what he should. The mechanisms for enforcing are different, if this was a settlement or a judge-ordered decree: to enforce a settlement, which is essentially a contract, you bring a "breach of contract" lawsuit; to enforce a decree, which is a court order, you bring a motion asking the court to enforce its own order.


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