court ordered med insurance

[stephanie5058]

What is the name of your state?WV

Forgive the length of this. My husband has 2 children from a prev relationship. (never married to the mother) Has a court order for child support payments in the amount of $174.00 bi weekley. 2 payments of $136 goes to mother and extra goes to arrears for med expenses for birth of children. Order is 10 years old. He has no visitation. Order says he has to carry insurance and pay half of whats left. Ok, questions
1. Mother has aquired much better job than had at time of order and her insurance is better plus we live 2 hours away and my husband works in Ky. All the docs on provider list are in our area. So... is it possible, so she could use her own docs and not have to drive 2 hours to get one, could we request in writing to the court as long as she agrees, to let her carry the ins. with my husband paying her the difference of what it costs her to carry them. And adding to it that should she lose her job or the ins become unaffordable that he will pick it up again?
2. The arrears that my husband owes ($9000.00) are because ex used medical card for medical expences on births. At time my husband would have qualified for the card also but could not go to court because was not allowed to miss work. so he was nailed for the expenses of the birth. Is it too late to try to have this modified?
3. If ex was to return him to court for child support modification, is it ok at that time for my husband to ask for visitation? And with visitation, isnt the custodial parent responsible for some of the traveling involved in getting the kids to him? And if she were to do that would they take our child into consideration.
4 Also (sorry) back to the med insurance, if ex refuses to go to docs on the list we provide her is husband still responsible for half?

Sorry this is so long.. very confusing stuff for me. Thanks

 

[splcstr2001]

1. Mother has aquired much better job than had at time of order and her insurance is better plus we live 2 hours away and my husband works in Ky. All the docs on provider list are in our area. So... is it possible, so she could use her own docs and not have to drive 2 hours to get one, could we request in writing to the court as long as she agrees, to let her carry the ins. with my husband paying her the difference of what it costs her to carry them. And adding to it that should she lose her job or the ins become unaffordable that he will pick it up again?
REPLY:
Could be way overdue for modification-If she is reasonable and no one wishes to go to court, you could send her a certified letter requesting this change. Throw in a notary for the document and you have an agreement. If,however, it isn’t modified by the court, the original order still stands. You could also do this yourself (modify) and pay the filing fees…………..see court forms for your state.

2. The arrears that my husband owes ($9000.00) are because ex used medical card for medical expences on births. At time my husband would have qualified for the card also but could not go to court because was not allowed to miss work. so he was nailed for the expenses of the birth. Is it too late to try to have this modified?
REPLY:
Too late! Once you are in the arrears, you are in. This bill is still a bill, it paid for the children’s births regardless.

3. If ex was to return him to court for child support modification, is it ok at that time for my husband to ask for visitation? And with visitation, isnt the custodial parent responsible for some of the traveling involved in getting the kids to him? And if she were to do that would they take our child into consideration.
REPLY:
Child Support and Visitation are two separate animals. She can modify for support. But, you could kill 2 birds w/ one stone by requesting a visitation order.
CP are not responsible for travel.(Unless it has been agreed to or is in the order).Some judges consider travel expenses and time when ordering support. Check your State guidelines.
A judge may consider your child, but, more likely than not, If your child isn’t on paper, it won’t matter.

4 Also (sorry) back to the med insurance, if ex refuses to go to docs on the list we provide her is husband still responsible for half?
REPLY:
Yes, he probably has an order to provide Insurance and pay for it at his expense. If there are no more details, he is also responsible for ½ of unpaid medical. Yes, this does happen. Did you call the company and see If there were doctors in her area? My husband has medical for himself and his kids. They all have different doctors. I know that (for instance) Aetna has a provider network for people out of state.
If not, an agreement to reimbursing her for medical is a good idea!
I say all of this because she sounds reasonable, If she’s not go to court!

 

[stephanie5058]

thanks for answers.

This is really a bad situation. When my husband took the job in KY (we still live in WV) the med plan changed. Myself and our daughter are also having to change doctors. I have already checked with the company (blue cross blue shield) and there are no doctors anywhere near his ex. Its terrible the way they write that stuff up in the orders because this is going to end up costing my husband and the kids mom a fortune because the docs will be out of network. And we would be more than happy to pay her the difference to carry them herself. By the way our policy costs the same whether we carry them or not so thats not it. I already pay her extra every month by personal check so she will have extra. We wouldnt mind adding to that to pay her the insurance cost. But because of that order, we either have to pay extra for the out of network docs or extra to go back to court which noone wants to do. Sigh........

 

[rmet4nzkx]

In WV the medical insurance can be on either parent's plan and just a modification and a part of that could be paying the difference that allows the children to have their insurance and medical care, file the agreement with the court and also file for visitation at the same time.

Here are some FAQ:
# What about medical insurance for the children ?

In West Virginia this issue is typically addressed and taken care of in the Marital Settlement Agreement. It is important for the child or children to have coverage during the divorce process. A decision is made between the two parties, but it is the responsibility of the parent who can provide coverage due to his or her employment.

# Is Medical Insurance a part of Child Support?

The medical insurance for any minor child is to be awarded with child support. It is not always the non-custodial parent that is responsible. Presently the court looks to the parent with the best plan at the lowest rate.

# Can child support be modified in West Virginia?

West Virginia will allow for the modification of child support as long as a substantial change has occurred and the change is not something that has been previously addressed. The change will typically be associated with living arrangements and income.

# Should support payment stop if visitation is being prevented?

No, unfortunately each is a legal duty of its own. If a parent is deprived of visitation, he or she must still provide support. Visitation and non-payment of support must be petition in court separate.

 

[stephanie5058]

So I guess the best thing to do is to talk to her and if she will agree write up an agreement, have it notorized and send it to the courts??? And then, cross our fingers??