Legal Question in Family Law in California

Health insurance reimbursement for child of divorce

I was legally divorced in Aug of 1998. Our mutual agreement was for the non-custodial parent to provide health insurance and pay for half of the medical costs and daycare expenses. Also, we agreed to split our mutual debts. To date, the non-custodial parent has not provided health insurance or paid for anything other than his monthly child support. He has not paid his half of the debt also. Can I legally sue in small claims court for all the above items? I have provided health insurance for our child for the past 6 years at a cost of $60.00 a month. Is the non-custodial parent legally obligated to reimburse me for at least half of that cost? Also, what is the statute of limitations for a claim against him? I am already in the process of utilizing the help of CSS for the wage assignment and back child support owed to me.


Asked on 6/04/02, 10:33 pm

1 Answer from Attorneys
PATRICK MCCRARY PATRICK MCCRARY

Re: Health insurance reimbursement for child of divorce

Whether he is obligated to pay you any of the health insurance costs depends upon your judgment. You say you had an agreement, but was that agreement made part of the judgment, if not it is probably unenforceable. As for half of the debt, were those debts dealt with in the divorce, if so you already have a judgment, if not, you can file a motion in your dissolution action to divide the debts. Small claims will not have jurisdiction, it lies with the family court. There is no statute of limitations on collection of child support. Take your judgment to an attorney for a consultation, he can advise you whether you have a judgment that is enforceable or whether you will need to file a motion. Good Luck, Pat McCrary

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Answered on 6/05/02, 10:45 am


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