Legal Question in Family Law in California
Mother working with a defiant Father
Father provides court ordered insurance for 1-year-old child. Father supplied information on Medical, Dental and prescription Insurance.
Mother advised father that child would be seeing an Eye doctor. Father advised when vision coverage would start, while referencing to medical insurance (CIGNA) making it sound like her Medical insurance was the same as her Vision Insurance, never indicating that the vision insurance was through VSP.
Doctor accepted CIGNA card, and later sent a bill for $504. Dr. accepts CIGNA Vision Insurance, not VSP.
Mother called CIGNA insurance and found out that child is covered through VSP, not CIGNA.
Mother emailed to explain to father what was happening, and that mother would inquire to see if there were grounds to sue father for the $504, for not providing mother vision insurance information because father chooses to communicate with mother defiantly.
Father then responded and expressed no concern, and advised because mother did not ask father about vision insurance information, father did not supply the information. Father is court ordered to provide Insurance for the child, including any and all insurance information, and in this case did not. Can mother sue father for the $504 and court fees?
2 Answers from Attorneys
Re: Mother working with a defiant Father
I know that these problems are diffcult for a mother with a young child, but you have to be unemotional in spite of your natural financial fear.
I can't answer this question because I don't have enough facts. It all depends on what the court order says.
I suspect that the court was satisfied with the insurance that your husband provided to the court and if this is true, you do not have a basis for a contempt of court proceeding. What do you mean when you say he "made it seem like the child was covered under Cigna?" To whom did he "make it seem like" this? The court? Then that would be fraud. But I don't think this is what you meant. You need to look at the court order and then look at the information your husband provided. If your husband's information was accepted by the court, the court will deem that it should be acceptable to you.
However, you might go into court and ask for a modification of the court order to include vision insurance and ask the court to order your husband to pay the $504.00. Your husband will argue that he was not ordered to provide this insurance and that he provided sufficient insurance. This is a lot of legal fees for $504.00.
Another lawyer might see it differently. My suggestion is that you work it out with your husband by offering to pay 1/2 of the vision bill and from now on take the child to the insurance company that your husband has provided for the child.
Above all, be diplomatic and business like with your ex spouse. He is no longer your husband and you cannot treat him with the same familiarity that you did when you were married. Courtesy is contagious. Good luck.
Re: Mother working with a defiant Father
Most child support orders provide that the parents share uninsured medical costs in some ratio. Often this is 1/2 each. Notify him of the amount of the un insured bill, do this in writing.
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