Legal Question in Family Law in California
My ex-wife has refused my health insurance for our daughter and replaced it with her husband's insurance, am I obligated to reimburse any incurred medical fees when I have not agreed jointly?
Does a family law judge in California make me reimburse my ex's spouse for medical expenses?
2 Answers from Attorneys
If the court order says that you are to provide medical insurance for your daughter, if it is available at reasonable cost - you should do so. If you want to change the order it can be by agreement (stipulation and order) or you should file and OSC to modify the judgment. Until you do that: whether or not her mother provides additional insurance doesn't affect your obligation. Hopefully you can do a coordination of benefits so as to reduce co-payments etc. If you want you can work out a compromise with the mother where she signs a stipulation that she will be responsible for health insurance in return for ....? Your judgment probably states that you are on the hook for at least one half of the un-reimbursed medical expenses, in addition to you obligation to provide medical insurance.
1. You will not have to reimburse the cost of the insurance that is provided by your ex's spouse.
2. You will have to pay 1/2 of all unreimbursed medical, dental or vision costs (out of pocket costs other than premiums payments for the insurance).