Legal Question in Civil Litigation in Virginia
no health insurance provided as per court order
After my divorce from my wife she was court ordered to provide health insurance for my child of our marriage.I pay more in child support because she is suppose to provide this coverage. I have no problem with this but she has not been providing the insurance for some time now. I have just recently found out about this. If I take her to small claims court would I be reimbursed for the money she has been recieving for the service she has not been providing.
Thank You.
2 Answers from Attorneys
Re: no health insurance provided as per court order
Forget it - no way you're going to win on that theory. There are other courses of action you can take. Refile this question under the domestic relations / family law rubric.
Re: no health insurance provided as per court order
If your wife is failing to provide the health insurance as ordered by the court, she's in
violation of the court's order and could be held in contempt.
You should ask for a Show Cause Order against her
in the court now having jurisdiction over the matter, either Juvenile & Domestic Relations or
Circuit Court.(If the latter, you will most likely have to retain an attorney to file a motion which should include a request to transfer
support and related matters to the J&DRDC.)
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