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How to Proceed

Started by Scupper, Oct 12, 2004, 03:12:12 PM

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Scupper

Jurisidiction is in the State of Florida.

BF (bio-dad) by court order is to carry health insurance on child, and pay CS of xx.xx per week.
BM (my Wife) stay at home mother
Me - Step Dad

3/31/2004 Health care dropped, BM (My wife) found out this month due to bill being denied by Health insurance and provider looking to her for payment.

BM is going to send the following letter to BF

Dear BF,
      I have received the enclosed bill, and found out denial was due to insurance coverage not being renewed as of March 31, 2004. Please forward to (Address) within 10 days of receipt of this letter;
         A. current insurance information for (childs name).
         B. Payment for enclosed bill
If not received within ten days I will have no option but to seek remedy  through the courts, to enforce your obligation to our daughter.

1.    (feel free to make changes)

2. If I (step Dad) carry insurance for child, is it feasible that the courts would increase CS to include the cost.
      ( I currently carry only as secondary not primary)

3. would this open a pandoras box where my income would / could be used in portion or whole toward CS calculation as my wifes.

Thank you in advance


     

socrateaser

>1.    (feel free to make changes)

Can't. not enough facts. Are the two parents obligated to share all "unreimbursed" healthcare costs?

>
>2. If I (step Dad) carry insurance for child, is it feasible
>that the courts would increase CS to include the cost.

There is already an order for BF to carry insurance. Usually, this is conditioned on the insurance being available through the obligor parent's employer at reasonable or no cost. Obviously, if BF says that the cost has increased and is no longer "reasonable," then you will need to have the court decide what BF's specific obligation should be.

At that point, you could negotiate so that you could carry the insurance and BF could pay his fair share.

>3. would this open a pandoras box where my income would /
>could be used in portion or whole toward CS calculation as my
>wifes.

Depends on the law of the jurisdiction re new spouse income and the amount of custody that each parent exercises. So, it may or may not -- I don't have enough facts to determine.