Legal Question in Insurance Law in Maryland

Unauthorized insurance usage/false claims

I am the joint custodial parent of my 6 month old son. I attempted to take my son to his doctor's to get his 6 month check up and his immunization boosters, but was told that I had around a $1,000 balance with them. My ex has been taking our son to the doctor and using my health insurance. Although I understand that I'm the child's father, is it legal for her to take him to the doctor and have it charged to me without my consent? The child is only my dependent, the insurance is not in his name. I was told that supposedly I had to approve, in writing, anyone other than myself using my insurance. Is it true that unless I am there to approve it, the bill for any doctor appointment has to be put in my ex's name, not mine (ie--she schedules an appointment and takes him to the doctor and I'm not there).


Asked on 12/10/04, 9:54 am

1 Answer from Attorneys
G. Joseph Holthaus III Law Offices of G. Joseph Holthaus

Re: Unauthorized insurance usage/false claims

Without addressing your insurance question, consider your obligation toward your child.

Your judgment of divorce and custody has much to bear upon this matter. You have every reason

to avail your dependent of insurance coverage for health care. Not doing so may result in action being

taken against you. Should the child receive publicly funded health care assistance, you may create another issue for yourself by denying health coverage to your dependent.

It appears that you need to work through certain issues to understand your legal obligations. You need to work with your ex-spouse for the betterment of your child.

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Answered on 12/10/04, 10:27 am


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