Legal Question in Family Law in California

Utiliziing Insurance

My ex husband has insurance on our children and so do I. The court order states that his insurance must be utilized first and if something is not covered we are both to pay half. Well what if a specialist is not available in the town we live in, but is available over 50 miles a way thru his insurance? My insurance has a specialist in our town, but it will not cover 100%, how do I get him to pay for half? Will the court see my point if I tell them that the provider for his insurance is over 50 miles away and it's not feesible nor affordable for me to utilize his insurance when I can use mine? I work 8-5 M-F and my job is very understanding about taking some time off every now and then for apointments, but we are talking maybe an hour, if I had to drive my kid to another city that is 50 miles plus, I would be needing more than an hour so I need to know what I can do here. Thank you for helping. Also I need advice not soliciation for me to call and get help, I am a mother of three and work full time, the money is not there to spend on a Lawyer, I wish it was.


Asked on 8/12/05, 5:37 pm

1 Answer from Attorneys
Geoffrey Sutliff Geoffrey A. Sutliff, Attorney at Law

Re: Utiliziing Insurance

Technically, neither party can disregard what the court orders, even if they agree. However, if you two agree, it shouldn't a problem. If you don't agree, you run the risk of having to pay the whole deductible by not following the order. To eliminate the risk, file an OSC and get court approval. If time is genuinely of the essence(i.e. the child's health will be in danger if you wait), ask for an order shortening time for the hearing, file an ex-parte motion, or follow the order.

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Answered on 8/13/05, 2:16 pm


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