Legal Question in Family Law in Pennsylvania

child support

the court mandates that my husband provide health insurance for his 2 children under the support order. His ex refuses to use it because she has the access card and doesnt want the hassle of other ins. In the last 7 yrs. he has paid over $22,000 in premiums for the ins. and she has used it 0 times...we checked with ins. co. and 0 claims have been files for both boys. My husband even took a letter from the ins. co into the judge ,stating no claim had ever been filed for either child. ( both boys have numerous health problems, use ambulance, hosp., ER, several meds each.....wasting thousands of dollars a yr when they have private ins.) The judge said that as long as she has med. assistance, he must provide ins. Can't the court either make her use the ins. or stop ording him to provide it? Isn't she commiting welfare fraud. She doesnt work, lives with her parents, has two other children and lives off the child support.... he drives truck 80+ hrs a wk, and barely keeps enough to get by, never sees his family and doesnt have much of a life....she is not held accountable at all, ....he goes to jail if he changes jobs or gets hurt/sick and misses 3 payments. What a just judicial system! We need answers...something must be done!


Asked on 6/06/08, 5:35 pm

1 Answer from Attorneys
Roger Traversa Arjont Group (Law Office of Roger Traversa)

Re: child support

You asked about a child support issue.

You have been complaining to the wrong person. The judge needs to follow the law and the law says that the father must maintain insurance if that was the status that was there in the past.

But, the mother has used the public healthcare system. The mother should have used the insurance and not the public healthcare. Yes, it may be a form of healthcare fraud. More significantly, the healthcare system has the right to recover its expenses from the insurer. By not reporting this matter to the welfare authorities you allow the matter to continue.

Now, I am not suggesting that you should report this matter to the authorities. Rather, your husband should consult with an attorney to discuss potential actions.

regards,

Roger

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Answered on 6/07/08, 1:33 am


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