Reimbursement for Health Insurance Premiums / Medical Expenses

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texasshopper

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My exwife was required to provide health insurance for our son per court order. She never provided me with insurance policy or id cards required by the court order, so I have carried him on my group health plan for last 8 years. There were also a couple of years that she admits that she did not provide health coverage. Per fam. code 154.188 can she be required to reimburse me for all 8 years of insurance premiums? What about the 2 years she failed to provide health insurance?

Per the court order, she was to pay for 1/2 of medical bills, but I did not submit them to her till recently and not within 30 days as required in the court order. Can she still be required to pay me? Per fam code 154.188 can she be required to pay 100% of medical expenses for the 2 years she failed to provide insurance even though I did not submit the bills to her timely?

Sec. 154.188. Failure to Provide or Pay For Required Health Insurance.
A parent ordered to provide health insurance or to pay the other parent additional child support for the cost of health insurance who fails to do so is liable for:
(1) necessary medical expenses of the child, without regard to whether the expenses would have been paid if health insurance had been provided; and
(2) the cost of health insurance premiums or contributions, if any, paid on behalf of the child.
 
Speak to a local attorney. You may be able to get an order for reimbursement but Mom can also try to use the fact that you've sat on it for all these years against you.

(In most states, she'd succeed at least to some degree).
 
It sounds as if you were as negligent as she and are now trying to seek retribution. The court will recognize this. As you did not stay on top of the issue, you will likely forfeit most if not all of previous years expenses. In addition, having duplicate coverage is a bonus, however she was not required to carry 2 insurances, only one.
 
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