Legal Question in Family Law in Indiana
Medical
My husband is divorced and has a daughter with his 1st wife. In the divorce decree he is ordered to carry health insurance on said daughter. His ex never uses this insurance, but rather uses her new husband's insurance. My husband is ordered to pay 68% of medical that is not covered by insurance, she is to pay 32% after she pays the first $400.00. Do we have the right to ask for any EOB's from her new husband's insurance before we pay our 68%?
1 Answer from Attorneys
Re: Medical
Mother should provide not only the EOB's but also each medical bill and prescription bill, as well as give her doctors and pharmacy Father's health insurance information. If she does not, then you need the billing statements in order to make claims under your insurance and apply those payments to the expenses prior to determining if there is an uninsured expense. You may need to file a contempt petition against Mother for failure to use the insurance properly or for failing to provide the required information for determining how the 6% Rule applies. Or, as an alternative, a petition for clarification of this issue.