What to do if my ex is not reimbursing me for the cost of our children’s medical insurance per our seperation agreement?

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What to do if my ex is not reimbursing me for the cost of our children’s medical insurance per our seperation agreement?

My separation agreement requires that I maintain medical insurance for my children and that my ex pay 1/2 of the cost. I have faithfully been paying child support and medical insurance costs. How do I proceed with getting her to pay her share of the medical insurance?

Asked on December 6, 2011 under Family Law, New York

Answers:

L.P., Member, Pennsylvania and New Jersey Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Thank you for submitting your question regarding your current problem with your ex not reimbursing you for the medical costs of your child’s health insurance.  Unfortunately, your problem with your ex is not uncommon.  Even after a court has intervened to set forth an order that specifically states the obligations and responsibilities of each parent, some parents decide to proceed without complying with the court’s order.  In turn, the other parent is left carrying either the financial or physical burden of caring for the children, and in some circumstance, both.

While you may not feel comfortable with getting the court involved again stepping in and enforcing the court’s order, it seems that your ex may be leaving you with no other choice.  Sometimes the “nice guy” route does not work, and the assistance of an outside, third party can make a difference.  Having the court intervene will ensure that you are receiving the assistance you need from your ex for the welfare of your children. 

Since you have a child custody agreement, which is a legally binding court order, and your ex is not appreciating the fact that court orders need to be followed, you may have no choice but to have the court give your ex the opportunity to get in compliance with the court’s order or go to jail for contempt of the court’s order.  The judge may give a certain date or time frame for your ex to pay in full for the past due amount for their portion of the children’s health insurance, and if not, then the court will order a jail sentence.

Since these issues can be somewhat complicated, you may want to contact a family law attorney in your area to assist you.

 


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