Legal Question in Family Law in Texas

Per my decree, I'm to provide primary insurance for the child, which I do. My exwife decided on her own to add child to her own insurance. Now, when taking said child to the Dr, she is using her insurance 100%. She is claiming her insurance to be "secondary" insurance. My argument is that her insurance is NOT secondary insurance because it's NOT paying second on the claim. It's now the primary insurance.

My question...she is sending me invoices requesting that I pay 50%. Do I have to reimburse her? I say NO because she went outside of MY insurance network without discussing with me therefore, she is responsible 100%. Am I correct? Thank you!

Asked on 3/19/13, 8:32 am

1 Answer from Attorneys

Mark Dunn Mark D. Dunn

Read your order carefully.

It probably requires Mom to submit claims to the primary insurer, which she isn't doing.

You need to write a letter to her (paper letter - no texts or emails - lick a 46-cent stamp) and point this out. Keep a copy of the letter. Put a date on the letter. Be courteous in your letter; don't call her a bitch. You'll probably be introducing a copy of the letter into evidence later on.

And in a month, if you haven't heard from Mom, send the letter again. Same letter, different date. Keep a copy.

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Answered on 3/24/13, 8:49 am

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