Legal Question in Family Law in Maryland

Insurance Coverage

The divorce agreement 10 yrs ago states that the husband shall carry and keep in force the present health ins. or it's equivalent for the benefit of his dghtrs. Husband's obligation for such shall continue for as long as husband has any obligation to pay for childs' needs pursuant to para. 8&9. Para8-husband/wife acknowledge they are jointly chargeable with the support,care,welfare and education of their children. Each will contribute to their support and well being with their respective abilities to do so.Para9-husband agrees to pay suppliers the actual expense for attendance at a college for 4 yrs. or until each dghtr ceases to attend college. The term college being undergrad not exceeding 4 consecutive yrs.The issue is he dropped her health ins. and health expenses for meds and doctors range approx $1000/mos. He says he has no money and I will have to sue him to get it back which I plan to do.My question is do I have a leg to stand on since she has finished 2yrs of college, her illness exasc. requiring she put off returning to school till Jan. Do I have a chance of winning this $ back the way it is worded and what our dghtr is going thru at present? I am chging and using a home equity loan to pay for this. Thanks


Asked on 8/09/02, 1:04 pm

1 Answer from Attorneys

G. Joseph Holthaus III Law Offices of G. Joseph Holthaus

Re: Insurance Coverage

Based on what you quote from the agreement, it appears that you have a case. However, getting a judgment

and actually collecting are two different things. Moreover, without seeing the entire agreement and the decree of child custody and support and your decree of divorce,

little else can be said. Your case is somewhat complex since it is based on the terms of the agreement, the decree, and statutory and caselaw.

If he does not pay for this apparent obligation and there are other obligations and responsibilities that he still owes, you are likely to be faced with further denials of

his legal and parental responsibilities. Unforntunate as it may be, you need to look at it from this perspective in considering whether you acquire an attorney. Basically put, once he gets away shorting you or his children, he may be inclined to continue unless you confront this inclination through actions in court or otherwise. Thus, even if you may not be able to gain the monetary benefit of a judgment at this time, the future may be affected if you choose not to act. In this

case, it is strongly recommended that you obtain an attorney to evaluate your case, develop alternatives, and pursue action.

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Answered on 8/09/02, 3:30 pm


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