Legal Question in Family Law in Arkansas
Contempt of Court?
My ex-husband has custody of our two children in AR. During their visit with me in Florida in July 2004 and two days before they were scheduled to fly back to AR., my son fell out of a tree and broke his arm in two places. He had 4 hours of surgery and could not travel (per the surgeon) until the post visit with the surgeon. The divorce decree states my ex is to provide health insurance for the children (Judge's Letter of Opinion states through his employer but the decree doesn't say through the employer). My children are with the ARKids program only, which I understand is not insurance. The providers/hospitals that handled this emergency are not members of the ARKids program. My Ex and I are equally supposed to pay 1/2 of all medical bills NOT covered by insurance. I do not feel I should pay 1/2 of these bills because the children were not properly covered by a health insurance. Is he in contempt? These bills are under my name and some of these bills are going to collections. Please advise. Thank you.
1 Answer from Attorneys
Re: Contempt of Court?
Your husband's violation of the divorce decree could lead to his getting held in contempt. It is more likely that the court would direct him to pay the expense out of pocket because he failed to provide court ordered health insurance. When I see a copy of the court decree, Judge's Letter of Opinion, and ARKids program documents, then I can advise you further on those documents. Florida health care providers, including hospitals, can refuse to accept certain kinds of payment and instead pursue a collection action against the child's parents. However, you may be able to avoid paying them directly or get reimbursed from him by the court.