Legal Question in Family Law in Minnesota

Re: court ordered health insurance with child support

Thank you for the post.

If the court order stated that the other parent was to provide health insurance for the minor child and that health insurance was provided, he has complied with the court order. It is not necessary that the health insurance information is provided to the child support office unless your court order had that requirement.

Did you ever request the insurance information from that parent or did you ever file a Motion to compel him to provide that insurance or information?

It would appear any motion for restitution would be fairly weak.

Re: court ordered health insurance with child support

Thank you for your question. This, unfortunately, is a common problem.

In general, you can bring a motion in court and request reimbursement for the medical insurance payments you have made durng the time he had an obligation to provide insurance. This is not a motion to modify custody, since you are not seeking to modify his obligation, but to enforce it.

In the same motion, the Court can (and should be) asked to find him in contempt if he does not immediately name the child as a covered beneficiary. He should also be ordered to provide current, and ongoing, proof of coverage.

It is possible (depending on your county of residence, income and other factors) that you may be able to find legal assistance for such a motion through legal aid, or even the child support office. Otherwise, if you feel you need assistance, you should contact an attorney about this matter. It is not a difficult motion (unless there are other facts at issue of which I am unaware), and can ordinarily be brought to court within a matter of about two months.

It is possible, however, that he may volunatarily agree to reimburse you, and in any event, he should be immediately asked (in writing) to name the child as a covered beneficiary and to provide immediate proof of coverage.

Since medical insurance coverage is an element of child support, the court can enforce this obligation through its contempt power -- that is, the court could theoretically order a jail sentence if he does not comply with his obligation to maintain insurance under the decree, presuming of course, that he has the ability to comply. Further, it would be appropriate to ask him to pay any attorney's fees and costs you incur in enforcing the order. In many counties that would not be unusual.

Please feel free to contact me if you have additional questions. My contact information is below.

Good luck.