Legal Question in Family Law in Massachusetts

Medical Insurance for Children

My divorce papers state that my ex was supposed to be responsible for maintaining full health insurance coverage for me and my two children. After he lost his job numerous times and we were left without insurance I began covering myself and the children. I've done this for well over 7 years now. Can I file a suit to recover all the premiums I have had to pay? Also, he hasn't paid any of his half of the uninsured medicals as stated in the papers. Thank You.


Asked on 5/09/08, 2:04 pm

2 Answers from Attorneys
Joseph Murray Joseph M. Murray, Esq.

Re: Medical Insurance for Children

You could file a contempt complaint.

You might want to consider retaining an attorney as there is a statute that may entitle you to recover your costs and attorney's fees for doing so to the extent it can be cast as a contempt complaint to recover child support arrearages.

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Answered on 5/16/08, 11:41 am
Gregory Lee Gregory P. Lee, Attorney at Law

Re: Medical Insurance for Children

You could file a contempt as to the medical insurance. However, you might not get far as a practical matter, as you have remedied the contempts yourself, and the lapse of time will be an issue in equity. Payment of half of the uninsured medicals is a similar matter -- you will have to prove the amounts, show some notice to him, and then get a payment plan worked out.

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Answered on 5/12/08, 6:07 am


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