Legal Question in Family Law in California
At the time of the child support order, neither of us had medical insurance. When I remarried, my wife's current employer allowed "family coverage" to be purchased. I discussed this with my ex and she agreed to pay half the cost of our children, but never did. I sent her several letters regarding the cost and how much she owed but I have no "proof" of our initial conversation. Years have passed and we are now going to court over this and other back child support she never paid to me. She claims she does not have to pay half the cost of our children's medical insurance premiums. Are there any cases similar to mine that I can research for help?
1 Answer from Attorneys
You should look to the terms of the order for guidance on whether the other parent is required to reimburse for half of the costs of medical insurance or simply to provide coverage on their own. Child support laws have dramatically changed over the eyars. You should speak to DCSS to see if they can assist you in collecting these amounts. You may be able to collect some out of pocket health costs, but there is an issue of how long you waited to seek reimbursement. That may be an issue that the court brings up.
For self represented individuals you can consult with the family law facilitator self help center at your local court house.
As always please consult a local attorney prior to taking legal action. Good luck. Also please check out my Santa Clara County Family Lawyer blog.
Law Offices James Chau
1625 The Alameda Suite 204
San Jose, CA. 95126
http://www.jameschaulaw.com/
http://sanjosefamilylawyer.blogspot.com/
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