Legal Question in Criminal Law in North Carolina

Is this obtaining property by false pretense?

Divorced mother and father carry dental insurance on children. Mother has custodial custody. One child is undergoing braces treatment. mother pays all braces expenses and braces expenses is not included in child support. fathers dental insurance company reimburses him $1000 for monies paid. father did not pay this money, mother did. Father refuses to return money.


Asked on 1/26/12, 5:43 am

1 Answer from Attorneys

The short answer is no. And situations like this could be easily avoided if you had a properly drafted Separation Agreement before getting divorced. You indicated that 'mother AND father carry dental insurance on children' curious as to why fathers insurance is even involved if you both have dental insurance and you are making the payments - why did you not file under your dental insurance for the children? If you are both still on the same policy, continuining to share things like insurance after a divorce almost defeats the purpose of getting divorced and results in situations like this absent a Separation Agreement.

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Answered on 1/26/12, 6:42 am


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