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Motion for Contempt - State of Florida

Started by stepmom23, Apr 14, 2005, 12:50:15 PM

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stepmom23

NCP is responsible for maintaining medical/hospitalization insurance on 2 children.  Exact paragraph from settlement agreement follows:

"Husband shall maintain in full force and effect a policy of major medical and hospitalization insurance upon the parties' minor children in the policy amount equal to the standard Blue Cross/Blue Shield major medical and hospitalization insurance plan.  Any major medical and hospitalization insurance plan provided by husband's employer shall satisfy the requirements of this provisisons.  In the event husband fails to maintain a policy of medical hospitalization insurance as above described, then and in that event, husband shall be liable to pay any sum which said major medical and hospitalization insurance policy would cover at all times."

1.  NCP's employer is small (10 employees) and Blue Cross/Blue Shield policy covers Georgia only, not Florida.   So insurance through his company is not an option.

2.  NCP has reimbursed CP for all medical bills to date.  

3.  Had a policy set up in January for children through an individual policy but it wouldn't cover child's ADD medication/treatment and CP said to find another policy.  NCP has letters from insurance company indicating deferral for ADD and the subsequent request to drop the policy.

4.  In January CP said she would add to her husband's policy and we could make payments to them.

5.  Two weeks ago in conversation with CP, NCP found out that children were not on CP's husband's policy.

6.  Since that time, NCP has again applied for insurance for children.

7.  Today, Motion for Contempt for failure to maintain health/hospilalization insurance arrives in the mail, but leaves out the last sentence in the settlement agreement beginning with "In the event..."

8.  If NCP is paying all medical bills in full and is, has been, in good faith applying for insurance, what are chances of being held in contempt.  Just a scare tactic on CP's part?

9.  How do we respond to motion?

Thanks.

socrateaser

>8.  If NCP is paying all medical bills in full and is, has
>been, in good faith applying for insurance, what are chances
>of being held in contempt.  Just a scare tactic on CP's part?

Can't answer unless you post the exact text of the contempt allegations.

>
>9.  How do we respond to motion?

See #8.