Legal Question in Family Law in Indiana
how long to recoup expenses for health insurance
My ex husband is required to pay for health insurance for our 2 children. Ex wife number 3 carried insurance on the children and when the divorce was final, he had no insurance for the children. I purposely carried insurance on the children that year knowing the marriage was fragile and I didn't want to leave us vunerable. Is he required to reimburse me for the period of time only I was carrying insurance? Also, he didn't carry insurance the following year (2003) and I want to know if I can sue for the entire 1 1/2 year period insurance premiums. FYI- I paid all co-pays, prescriptions, etc as well.
1 Answer from Attorneys
Re: how long to recoup expenses for health insurance
The not carrying of insurance is a contemptable event. Sometimes the Court will order the parent who failed to provide the insurance to reimburse the cost to the one who carried it, sometimes will recompute the support during such period - especially where the cost of health insurance was figured into the non-custodial parent's support obligation, or occasionally require the parent who failed to carry the insurance to pay all of the costs his insurance would have paid if he had it. Your local prosecutor will not enforce provisions for insurance other than to see that it is carried, so you will have to hire an attorney to handle this matter.
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