Legal Question in Family Law in Illinois
Can father make changes to medical insurance without going to court?
We have not spoken to or seen my Navy diver ex husband in 14 months until yesterday. I had to literally track him down because our 10 year old daughter got glasses and he's responsible for 50% of medical and dental. She is also going to get contacts. He is saying that he will not pay for them because he thinks it is not necessary. I have sole custody. (1) Does he have to pay no matter what? (2)Also is he allowed to change her insurance plan because he wants to? She has been on tricare standard since she was 2. Is he allowed to change her to tricare prime because he wants to make sure he pays nothing? Our papers just say he is responsible for covering her and paying 50% of the bills. (3)Having sole custody can't I take her to a doctor and he is still liable for half of the bill no matter what? He is currently in VA. (4)Lastly, how am I ever to get him into court again for example if I want to review support, visitation, etc? It's like he's protected because he's in the military. Thank you so much for your time and help. It is much appreciated!
1 Answer from Attorneys
Re: Can father make changes to medical insurance without going to court?
Hello. Dad can be brought to court even if he is
in the military. He has to receive proper notice. If you do not have an attorney, you definitely need one. Dad has to pay as the judgment says he must. If he does not pay, you
need to take him back to court and ask a judge to hold him in contempt. The appropriate motion would be a petition for rule to show cause. Again, this is not something that you should try to do on your own. I suggests that you retain an attorney. As to the insurance issue, dad can
change the insurance as long as what he does will
not deviate from what the court has ordered. I will be happy to answer any additional questions that you might have.
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