This is just to let you know that I still would like a response to the post below as time permits.
Additionally, we have another issue regarding health insurance. We were carrying two insurance, one of which was from an other employer. We thought be carrying two it would minimize our out-of-pocket expenses. It didn’t because the primary insurance company is slow leaking making some payments that were preapproved (see below). We canceled the primary. The consent order that is enforce only states that husband is required to provide health insurances if available. We continue to do so just with a different carrier. There is also a paragraph that I think is standard that says any lasting decisions will be discussed with both parties. It doesn’t say who gets to make the final decision. Her lawyer is threaten court again because we canceled the insurance … mind you, he is operating on half-truth and partial facts. Is this grounds to file a motion to modify? We JUST signed a consent order and had it entered a month ago. If it is, we have wasted A LOT of money just to end up in the court room again.
Greetings. Yes, the issue can be dealt with in North Carolina. This is an interesting legal issue, and I think that NC will make the parties share the back expenses in the % of their income OR may not make the non-custodial parent pay anything. I think it will matter what California law says on the subject, but it will be construed here and not back in California.
If you cancelled only one of the insurance policies, you are fine. Thank you.
Janet L. Fritts
Attorney with Rosen Law Firm
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax
301 McCullough Drive Suite 510
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax
1829 East Franklin Street, Bldg 600
Chapel Hill, NC 27514
919.321.0780 main phone
919.787.6668 main fax
The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.
Our final outstanding issue is this
Who is obligated to pay the outstanding medical expenses from the old order (CA order)? The order only states that father is responsible for providing insurance if it is available through his employer. If it is not, the parties are to split the cost of insurance. It doesn’t say anything about uncovered medical expenses, etc. This has been a constant battle with the ex over the years. The vague nature of the order is causing a huge fight. There is about $2000 of outstanding expenses. Effective with the NC consent order, she is obligated to pay the first $250 and her % respective to the incomes. Our lawyer said it would have to go back to CA to be addressed and we could not address it in our latest consent order (needless to say, nothing was said about it). Recently, the outstanding balance has resulted in one of the boys not receiving the continuous treatment he needs (not life threatening, but needs to be recurring and get done). EX lawyer threatens to take us to court in NC to make us pay. Can he? If so, is it because it is currently interferring with treatment?
Important to note, ex has substantial resources and a HUGE investment account that she is more than capable of paying. Not to mention, we have paid more than our fair share of medical expenses and pay about $150 a month for insurance.