SPARC Forums

In Texas original divorce decree states that insurance must be carried by the father (me) with a deductible no more than $250.00 for each occurance.

Went to court for modifications of child support and visitation and were final November 2004, we recieved a complete set of papers including the requirment to provide insurance, the modified changes and no paragraph included about refering back to old decree for anything except claiming the child on tax returns. Her lawyer never caught the left out part about the deductible.

January 2005 child has head injury goes to the hospital, the insurance at the time had a 2500 deductible. xwife had secondary insurance which paid a portion and the remainder we split 50/50.

Her insurance company that paid the claim, is sueing me for the amount they paid- saying that I was in contempt of court for not following the orignal divorce decree.
 
Does the new modified court order overrule the original divorce decree?

Do you think I am going to have to pay for this amount that the insurance company is sueing me for?

To clarify (yes or no):

1. At the time of the head injury, you had insurance as per the court order?

2. There is nothing in either the new or old court order concerning who owes the deductable?

3. The new court order does not have any language that either maintains the old order as continuing in force where not expressly modified, or terminates the old order?

1. yes i had insurance but with a deductible of 2500 not 250

2. 50/50 of remaining charges

3.  No, but it is a complete order

the only place that the new modified papers refer to the old decree in in reference to geographic location. The insurance section of the new papers are complete including definitions of insurance and the option to carry a secondary insurance

>In Texas original divorce decree states that insurance must
>be carried by the father (me) with a deductible no more than
>$250.00 for each occurance.
>
>Went to court for modifications of child support and
>visitation and were final November 2004, we recieved a
>complete set of papers including the requirment to provide
>insurance, the modified changes and no paragraph included
>about refering back to old decree for anything except claiming
>the child on tax returns. Her lawyer never caught the left out
>part about the deductible.
>
>January 2005 child has head injury goes to the hospital, the
>insurance at the time had a 2500 deductible. xwife had
>secondary insurance which paid a portion and the remainder we
>split 50/50.
>
>Her insurance company that paid the claim, is sueing me for
>the amount they paid- saying that I was in contempt of court
>for not following the orignal divorce decree.
>
>Does the new modified court order overrule the original
>divorce decree?
>
No. Only language that actually contradicts or expressly terminates the prior order overrules it; otherwise the old order remains in force.

>Do you think I am going to have to pay for this amount that
>the insurance company is sueing me for?

I can't tell. You'll need to post the exact text of the order re insurance.