This is my situation. I live in GA. I am paying half my disposable income in child support. My daughter's mother lied her way through my legitimation proceedings in order to receive an artificially inflated child support order. She asked the judge to allow her to insure our daughter instead of me. So I was ordered to pay her the "premiums." I believe she doesn't have our daughter insured at all and is instead pocketing the money and using medicare. I know for sure she continued to use medicare after she testified under oath that she had her under Blue Cross/Blue Shield. She has refused to give me any insurance information. I subpoenaed her insurance records from her job to see if she has our daughter insured. If i can show the judge her dishonesty in this matter maybe the court can grant me some relief. Her job headquarters in FL has refused to honor the subpoena, stating that "I'm NOT A LAWYER AND i COULD BE ANYONE." I really believe they know that a GA subpoena cannot be enforced in FL. and is using the lawyer issue as an excuse. Is there a way around this? I could just file the contempt case, but that would give her a couple of months to get insurance and then dump it again after the proceedings. If I could get her for perjury too, then maybe the money I've paid can be refunded and I can insure our daughter myself.
Can you motion for a change in the wording of the parenting agreement to:
1) Make health insurance a reimbursable expense, to be paid to the mother within 10 business days and upon presentation of each monthly invoice and proof of payment (copy of the cancelled check or copy of the bank or credit card statement); the presentation of the invoice and proof of payment should be ordered to occur via certified mail not more than 30 business days after payment was made by mother, or else father shall have no obligation to reimburse mother; and
2) Require the mother to provide you with a copy of the child's insurance card with 15 business days of any change in coverage.
The first clause would keep you from paying blindly and keep her from handing you a stack of bills once per year. The second clause is strictly for your convenience.
Include a demand for a copy of the diagnosis docs from the provider too. That way you know what was done, and what the doctor said was the issue. Knowing the facts about your kids' health and care is very important.
"Personal density is directly proportional to temporal bandwidth."
I have joint legal custody of our daughter. In court, she insisted on providing insurance coverage, so the judge added the price of HER premiums into the total monthly order that is deducted from my income every two weeks. I can provide our daughter full coverage with my job's insurance, but she convinced the judge to let her do it. I have got payment info from the doctors and emergency room that show she's been using medicaid. However, Medicaid will not provide me with any information citing state statutes on releasing information to someone other than the applicant for services.
I would go with a motion to compel as well (keeping in mind that I am not a lawyer and that is NOT legal advice, but my personal opinion!) It will give you a chance to get a court order to have access to your daugther's medical records and to ask that she be held in contempt and fined and to have your support reduced.
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