Can you contest a child health insurance claim you were never notified about?
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I have a court date on June 11th regarding my ex husband stating that heath insurance back pay is due. I need help preparing the answer and asking for a motion to dismiss.
I understand that dealing with court matters can be stressful. Can you tell me if you have already filed any documents related to this case?
I had filed an original response. The motion originally also including designation for high school. I have yet to respond to the 2nd request since he and his attorney have not shared with me what my portion should be since 2022. Even we have had pre-trial meetings and I have requested the amounts by email. I experienced hardship that year and my mom had year long battle dementia before her passing. I have no idea what I should be paying but I pay for all or her medical expenses and I am the one who has to commute an hour back and forth to her school.
Have you had any previous court hearings regarding this issue with your ex-husband?
No the judge moved this part of the motion and scheduled a June 11th date.
Is there anything else the Family Lawyer should know before I connect you? Rest assured they'll be able to help with your court date preparation.
No.
Hi there, thank you for your question. I'm Seth, a Lawyer here on our service. Disclaimer: Just a note, our conversation is for general legal information only, and does not establish an attorney-client relationship.
I understand you have a court date on June 11th regarding health insurance back pay and need help preparing an answer and motion to dismiss. Could you tell me more about any specific concerns you have regarding this situation?
I have been trying to see what the cost of the insurance. They have not shared that with me. I cannot go back to my 2022-2024 expenses and a lot of it was caring for my ailing mother and funeral expenses. I need help replying to this motion. He only tried stating that I owe him money in July of last year and stated I would owe nothing if I allowed my daughter to go to a Catholic High School
I understand that you're dealing with a challenging situation. Could you clarify if there is any written agreement or court order regarding the health insurance payments between you and your ex-husband? This will help in understanding the obligations each party has.
I still have a copy of the motions and my previous response.
Financial Disclosure: Both parties are generally required to disclose financial information, including child support and health insurance expenses. Failure to provide this information may be an issue before the court.
Support Modification: Significant changes in circumstances, such as financial hardship or increased caregiving expenses, may justify a request to modify the existing support order.
Allocation of Expenses: Courts often consider whether child-related expenses, including health insurance costs, are being shared fairly. Evidence that you have been paying a disproportionate share may be relevant.
Best Interests of the Child: Decisions regarding education and other major issues are typically based on the child's best interests, and the financial impact of those decisions may be a factor the court considers.
Let me know if you have any questions or clarifications, if not I'll move forward with guidance.
I understand what this is stating. I am assuming I should use this as a guideline in my answer?
Gather Financial Records: Collect any available records from 2022–2024, including receipts, bank statements, invoices, and communications regarding health insurance or related expenses.
Request Financial Disclosure: Ask your ex-husband or his attorney for a detailed breakdown of the claimed health insurance costs. If they refuse or fail to provide it, raise the lack of disclosure with the court.
Respond to the Motion: Clearly explain your financial hardships, including caregiving responsibilities, funeral expenses, and any efforts you made to obtain the insurance cost information or resolve the issue.
Consider a Motion to Dismiss: If the claim lacks support or necessary documentation, you may consider seeking dismissal based on insufficient evidence or failure to provide required information.
Explore Settlement or Mediation: Mediation may offer a less costly and less stressful way to resolve disputes over insurance payments and related financial issues.
Prepare for Court: Organize your documents, gather supporting evidence, and be ready to clearly present the facts and key points supporting your position. (Child support orders nationwide must address how health care coverage for the child is provided and paid for under federal medical support rules at (45 CFR § 303.31), with the specific allocation set by state law.)
Please let me know if you have any further questions.
Thank you I will start working on the responses and motion now.
I hope I was able to help resolve your issue! If you have any other questions, feel free to ask. Don't hesitate to reach out whenever you need assistance!
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