Legal Question in Family Law in Massachusetts

My ex secretly had my daughter in counseling for almost 6 months. He only told me, by his own words, so that he could get my insurance. He knew the first thing I would do is see the counselor for info, and she wouldn't talk to me until I gave her the info. Now they are charging me for the sessions, but the counselor will not tell me anything about the sessions because ex is in on them. How do I get info on what is going on in the sessions, and is my insurance required to pay for it when I did not consent or even know about it? Recently my insurance changed, and I am refusing to give him the new info. He is now threatening to take me to court on it. I would like to see him explain to a judge why he was so deceitful and did not tell me anything about the counseling. We have 50/50 legal and physical.


Asked on 3/09/11, 9:59 pm

1 Answer from Attorneys

The issue of medical insurance is governed by the divorce decree and the insurer's obligation to pay for counseling is dependent on the terms of the contract (some limit coverage, better programs do not). The counselor will not release records without a proper court order per federal laws (HIPAA), so you will likely need to go back to court for this. I would advise against providing medical insurance information since this could be seen as violating the original court decree if it esatblishes who shall be liable for including the child under a policy of medical insurance.

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Answered on 3/10/11, 6:49 am


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