Legal Question in Family Law in Washington

Non-custodial parent is ordered to maintain and provide health insurance for our two children. I got a bill after taking them to their physicals (for sports) and found out that these are not covered under the plan that his employer switched too a month earlier. He did not inform me of this change. Even though our support order doesn't specifically state anywhere that we are to inform one another of any changes, isn't he obligated to tell me even if he is not ordered to? Can I take him to court to have him reimburse the cost of these visits?


Asked on 9/29/09, 6:30 pm

1 Answer from Attorneys

Amir John Showrai The Pacific Law Firm, PLLC

If he is court ordered to maintain insurance on the children and fails to do so, then YES, you can take him to court on a contempt of court allegation related to the support order. Before doing so, if I were you, I would mail him (by certified mail, return receipt) a letter explaining the situation, and providing him with copies of the bills sent to you that you have had to pay. Tell him he has 15 days to pay you, otherwise you will file a motion for contempt and let the court deal with the situation for you.

If he's reasonable, he'll at least call or e-mail to try and work something out and get the insurance changed to put the kids back on. If not, then you'll have no choice but to go to court to get what you want.

Incidentally, remind him that if you go to court, you will ask for an award of your attorney's fees. Usually, if the court finds him in contempt, the court will award fees to you, but in most places, it is not as much as you've actually spent, particularly if everyone's finances are already severely challenged. If he doesn't even bother to appear or respond though, you'll likely get 100% of fees since there is nothing to persuade a judge to do otherwise, and beyond that, most judges are not happy when someone is ordered to appear before them, and ignores the order.

Best of luck to you, and if possible, you need to hire counsel to handle this for you to make it as smooth a process as possible.

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Answered on 10/05/09, 8:22 pm


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