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Need advice, please comment...

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Joined: 22 Aug 2006
Posts: 1
State or Province: Texas

PostPosted: Tue Aug 22, 2006 3:45 pm    Post subject: Need advice, please comment... Reply with quote

Good afternoon,

I am writing to whomever can help me in my situation regarding my court ordered medical support. My ex-husband and I have a 2003 court order stating that he is to pay 1/2 of the medical insurance that I am ordered to carry through my employer. I have carried my son without lapse of time on my insurance without a problem. Conflict has risen twice during the last 18 months.

1.) I had another child in February 2005 and added her to my insurance. My insurance rates did not change because of the addition, therefore I did not change the portion of his reimbursement to me. Should I have reduced my ex-husbands portion to reflect only 1/2 of our sons medical insurance and split it between my 2 children? I heard both ways by 2 other states but not sure of Texas law.
2.) In August 2005, my ex-husband let me know that he, his girlfriend (wife, as of last month), their son, her daughter, and his 2 sons (1 being mine) were now on Medicaid. He let me know that he was no longer paying me for medical support since I "overcharged" him since my daughter was born 6 months prior. I told him that I understood that I did not reduce his portion since my monthly insurance amount did not change, but he needed to file to have the court order changed since he was going to carry my son on Medicaid to qualify his family. Well, he never filed a motion to modify, so after having yet another insurance increase, I have let him know that I would be giving him the newest insurance rates and requesting payments beginning 9/1/06. He is not happy since his family is still on Medicaid. I know that he will be filing for a motion to modify soon after I give him the insurance papers, but I will fight it. My child has stabe insurance through me and I don't think our court order should be modified because he is on Medicaid.
I am requesting an opinion of what I should do in this situation. Do I file contempt or not?
Your help is greatly appreciated!!!
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Joined: 07 Feb 2006
Posts: 74
State or Province: South Carolina

PostPosted: Wed Aug 23, 2006 10:27 am    Post subject: Reply with quote

yes i would go to your lawyor and ask him what you need to do because what ever is in that court order he has to follow other wise he should be in contempt of the court and it should not matter what his family is on if he is required to pay half of the insurance then that is what he has to do because your son is not on medicad and you should not have to pay for all the insurance by yourself and i dont know if he can change the court order or not but your new child should not have anything to do with your and his son i would not let that go but i would consult a lawyor if i were you
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