Insurance Lapse


#1

Per the Permanent Child Support Order in place my son’s mother is responsible for maintaining insurance (medical and dental. both are specified in the court order) for our 6 year old son. After his initial uninsured co-pay which she is responsible for, we split the cost of any other uninsured medical costs. Yesterday, my son’s mother gave me a statement (not a receipt) from his last dentist visit and the total charges were well over $300. I called the dentist office to make sure they have his dental insurance information and the lady said she remembered helping them that day and his mother said that she has let his insurance lapse so he doesn’t have any dental insurance for now.
I cannot afford to pay this bill and since the court order plainly states she is responsible for maintaining insurance and if there should ever be a lapse she has to tell me immediately and then provide insurance for him immediately. When the Order was first made, I had an email conversation with her lawyer specifically about what if there is a lapse in insurance and her attorney said the Order does not allow her to have a lapse of insurance, it only means she has to let me know if it were to happen.
I have heard nothing from his mother about a lapse in insurance so not only does she not have the insurance, but she also never told me. What can I do? I know if roles were reversed she would file contempt and ask for jail time (she has done this 3 times already and the judge has never agreed with her). I don’t want her to go to jail, I just need her to take care of the things she is supposed to take care of and if she is unable to do so, I need to know so I can take care of his insurance on my own.
Also, insurance is added into the child support payments every month, so is there anything I can do about all the months I have been paying her for that insurance and she hasn’t even had it?

Thanks!


#2

To enforce the provision regarding the lapse in coverage, you will need to file a motion for order to show cause and seek to have her held in contempt. Jail is not the only relief, you can ask that she simply be compelled to follow your original order. If you would like to make a change to the child support order, allowing for you to manage the insurance coverage, you can do so by a consent order (if she agrees), or you could file for a modification of child support.