Perjury and contempt

[hoosierpapa4]

Indiana Soc.  I believe that my opponent is being "setup for a fall" by the judge, this is the third time that I have had contempt / motion to show cause before the court for non-payment of medical.  The Court did not change (via motion for correction of error) from a pre-dated motion for change of custody and support, the Respondent's receipt of $'s for health care on the worksheets.  This means that Respondent is receiving $s to provide for very explicitly defined uninsured medical expenses and amounts that are based upon the worksheets.

Petitioner carries primary insurance, Respondent carries secondary.  Mine (Petitioner) has very comprehensive coverage, even at that, the uninsured portion is almost (but not more than) the amount covered by the 6% rule here in Indiana (6% of uninsured medical is pre-paid through support).

I know that this dollar amount is less than the 6%, and on top of that, even though Respondent has insurance to cover those amounts not covered by my insurance, she has not been submitting those costs to her insurance company because the service providers are not receiving the $'s.  At least I don't think she has submitted them as the service providers are not in receipt of the uninsured portions.

I have filed a motion for contempt and rule to show cause through my atty.  I have asked my atty to subpoena the secondary insurance provider for their records showing EOB's (explanation of benefits) and $s submitted/paid to service providers and the member (Respondent) for the benefit of the children who are supposed to be covered.

1) If these subpoena's show that Respondent received reimbursement but did not pay provider, you think the judge is gonna be happy with Respondent?

2) If Respondent did NOT submit to secondary insurance company, is she still responsible as if she did (eg. if secondary insurance company would have covered all submitted co-payments).

3) By not submitting the expenses, or receiving payment from the secondary insurance company but not paying the service providers, wouldn't this show wilful disregard of the Courts orders (knowing that you don't have a copy of course)?

Thanks in advance Soc...

[socrateaser]

>1) If these subpoena's show that Respondent received
>reimbursement but did not pay provider, you think the judge is
>gonna be happy with Respondent?

I don't think the judge is happy or sad about litigants. If you prove contempt, the court must find contempt.

>
>2) If Respondent did NOT submit to secondary insurance
>company, is she still responsible as if she did (eg. if
>secondary insurance company would have covered all submitted
>co-payments).

She is obligated, in my opinion, for any uninsured healthcare costs incurred that could have been avoided by her obtaining the insurance that she was ordered to obtain, because and assuming that her negligence (or contempt) damages you.

>3) By not submitting the expenses, or receiving payment from
>the secondary insurance company but not paying the service
>providers, wouldn't this show wilful disregard of the Courts
>orders (knowing that you don't have a copy of course)?

I think so.