Legal Question in Family Law in Virginia
Gap in court ordered health insurance for children.
My ex-husband is court ordered to provide health insurance for my three children. He is changing jobs and will have a 90 day waiting period before his new insurance takes effect. He refuses to pay the COBRA payments on his current policay during this time which will leave the children uninsured for three months. He ''says'' that if any medical expenses are incrued during this period he will pay them himself but I am listed as the responsible party with the childrens doctors. One of my children is physically disabled and I am very uncomfortable with him being uninsured for any length of time. I am to pay one half of all uncovered medical expenses, would this mean that if while they are uninsured I would have to pay half of any medical bills? Also, is there any way to force him to provide alternate medical coverage during this time?
Thanks!
2 Answers from Attorneys
Re: Gap in court ordered health insurance for children.
If he is absolutely required to provide insurance at all times then yes you can ask the court to order him to do so or hold him in contempt of court. I think you would have to pay uncovered expenses but that directive is under the assumption that there is medical insurance.
Re: Gap in court ordered health insurance for children.
You may of course get a contempt of court citation if he fails to obey the court order. He would be legally liable for all uncovered medical bills if he is in contempt. You may also buy your own insurance and then have the judge assess the amount back to him.
Good luck
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