What to do if my ex has kept reimbursement checks from the insurance company that were supposed to have been paid to the dentist?

UPDATED: Sep 30, 2022

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What to do if my ex has kept reimbursement checks from the insurance company that were supposed to have been paid to the dentist?

Our divorce decree states that my ex has to provide dental and medical insurance for our minor children. Unfortunately the dental insurance company writes the reimbursement checks to my ex and he has kept the insurance money twice. The first time he eventually paid the dentist, however he has not paid the dentist for a claim filed back 6 months ago that . The dentist says the claim has been filed yet they have not been reimbursed. I have been told he is in contempt of court. What do you recommend I do?

Asked on December 14, 2015 under Family Law, Texas


B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

Your divorce decree should have a provision that states he is a fiduciary of any payments received by the insurance company.  Even without this clause, however, you can seek enforcement of the decree.
You have a couple of different avenues for doing this.  One is to reach out to your local office of the Texas Attorney General. Sometimes they will help with these types of enforcements for non-payment.  They usually go after non-payment of child support, but have, on occassion, helped with these issues as well.  The advantage of using the AG is that it's free.  The disadvantage is that it's  a "maybe" that they'll take the case and they tend to be slower than retained attorneys.
Your second option is to hire an attorney to file an enforcement action for you.  The main advantage of this option is that it is usually much quicker than the AG...the disadvantage is that you have to usually put down a deposit for the attorney to represent you. 
A third option is to hire an attorney for the limited purpose of drafting the enforcemen petition for you.... and then you file it pro se.  The advantage of this option is that it is much cheaper than full representation.  The disadvantage is that you would be representing yourself trying to get evidence admitted at a hearing. 
A fourth option is to at least do a consultation with a family law attorney.  The remedies above are general remedies.  Your final decree may have additional provisions which could also provide you with other avenues for enforcement.
The final option, is the pay the bill yourself.  Keep track of the notices that you have sent him.  If he ever takes you back to court for something stupid, you would automatically have a counterclaim for enforcement. 

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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