Legal Question in Family Law in Texas
I have unreimbursed medical expenses for my daughter, age 2. My husband works for the state of Texas so we have her on his insurance even though her father has her on his. It is terrible insurance requiring all of the 1500 deductible before they will pay for anything, including well child visits. We recently had to buy her rx cream, paid the 50 deductible and the 35 copay totaling 85 dollars. My ex seems to believe he is only responsible for portions of the uncovered expenses if they inccur under the plan he provides. Our court order has the standard language for Texas. "I am ordered to pay 50 percent and NCP is ordered to pay 50 percent of the unreimbursed health-care expenses, if at the time the expenses are incurred, NCP is providing health insurance as ordered. ... These provisions apply to all unreimbursed health-care expenses of the child who is the subject of this suit that are incurred while child support is payable for the child." Theres a large paragraph speaking about deadlines to turn the information to the other parent. No where in the order does it state specifics about under which health care plan we have to pay 50/50 for. So my question, is he correct? Does he only have to pay half of the incurred expenses if I use his health insurance or is he still responsible when I use my husbands insurance? Also, there are no guidelines on how we have to submit the information to the other parent. I am assuming, since he refused to pay when I told him through text (only type of communication as I have previously used it against him in inital court hearings) that sending this information certified mail to cover myself would be the next best thing? (Side note: He should consider himself lucky I use my husbands and not the indemity plan he currently has.)
1 Answer from Attorneys
I'm sorry there is no way I can read your long question.
You have to submit to his insurance if he was ordered to carry it.
You might want to apply under both policies and determine if both will pay part of it.
You must send him the Explanation of Benefits on each claim submitted along with copies of all the original invoices.
If you don't understand, then sit down in person with a family law attorney.
If worst comes to worst, go back to the judge and let the judge decide.
If he refuses to pay, look at how you were ordered to notify him. If it is required certified mail, then use that.
I hope this helps.
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