Legal Question in Family Law in California

medical cost reimbursment - coordination

Scenario:

1. One parent has medical insurance for children to cover most of the costs.

2. Other parent has medical insurance but doesn't seem to cover medical costs, has extensive out of pocket costs.

Is parent #1 responsible for 1/2 of out of pocket costs when they were not even notified before hand.

(in otherwards if there was a coordination of benefits the out of pocket could have been paid now parent #1 wants the out of pocket paid).

This could also come up for dental considerations. HMO versus standard etc.


Asked on 10/30/02, 1:02 pm

2 Answers from Attorneys
Brian Levy, Esq. Law Office of Brian Don Levy

Reply: medical cost reimbursment - coordination

It is difficult to give you a specific answer without first reviewing the underlying Judgment or Order. Is it possible to bill the second insurance company anyway? You may need a Court Order requiring the custodial parent to use a specific insurance coverage.

Good luck to you!

Brian Levy, Esq.

Law Offices of Brian Don Levy

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Answered on 10/30/02, 1:55 pm
E. Daniel Bors Jr. Attorney & Counselor At Law

Re: medical cost reimbursment - coordination

Dear Inquirer:

Nothing herein shall create an attorney-client relationship, unless a written retainer agreement is executed by the attorney and client. This communication contains general information only. Nothing herein shall constitute an attorney-client communication nor legal advice. There likely are deadlines and time-limits associated with your case; you should contact an attorney of your choice for legal advice specific to your personal situation, at once.

If you haven't already done so, please visit my

web site at --

http://home.pacbell.net/edbjr/ OR

http://www.CaliforniaDivorceAttorney.com

The site contains quite a bit of general information about California Family Law, Tenants' Rights, and Juvenile Dependencies, as well as information about me (education, experience, et cetera) and my office (location, hours, fees, policies).

NOW, IN RESPONSE TO YOUR INQUIRY --

Read your judgment or pendente lite order. If it is silent or unclear, you will need to enter into a stipulation (court-sanctioned agreement) with the other party or get a court order to clarify the situation.

Thanks for sharing your interesting inquiry with us on LawGuru, and good luck with your case.

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Answered on 10/30/02, 3:10 pm


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