Legal Question in Family Law in Texas
Recently I received a letter from my ex wife's lawyer telling me that since she has failed to keep the court ordered medical coverage that shes responsible for that I have been paying $200 reimbursement to her for without knowing they didn't have coverage for the last 8 months, that now Im responsible for getting them covered and I should do this right away and consult my attorney. Is it just a scare tactic in an attempt to get me to comply so they can avoid having to take me back to court to modify the order? How can she can just not follow the order & make responsible for what she is ordered to do???
1 Answer from Attorneys
You are both ordered to provide medical support for the children. Apparently, she was ordered to carry insurance and isn't. What you do next depends on a number of variables: Why she's not carrying the insurance, how healthy the children are, how much money you have, whether you can obtain the insurance yourself, etc. If she's not carrying it because she lost her job or lost the insurance for another reason, you may not have much choice IF private health insurance is available to you at a cost that is less than 9% of your gross income. If she didn't lose her insurance, but rather is failing to renew it because it's too expensive, you have the right to demand that her employer enroll the children anyway.
Either way, it sounds like you are entitled to a refund of excess child support paid to her.
I hate giving the old "you need to talk to an attorney" answer--that's not what you came to this website for. But there are so many factors that determine what you should do next that you really do need to invest in a consultation with a good family law attorney, answer a bunch of questions, and then get advice carefully tailored to your circumstances.