Question:
My ex-wife continues to take our children to an out-of-network insurance provider that is not covered under my policy.
What can I do to force her to go to physicians that are covered by my health insurance?
Answer:
I am unable to give you legal advice on divorce. I can give general divorce help for men, though, my knowledge is based on Georgia divorce laws where I am licensed to practice.
Does your divorce judgment include any language regarding whether a preferred provider must be used? If it doesn’t, unfortunately, you must continue to pay what is required by the divorce judgment, even if your ex-wife chooses to use an out-of-network provider.
If you fail to pay the costs, she could file a contempt action against you. A judge might not hold you in contempt because she has been intentionally choosing to use out-of-network providers; however, that is a huge risk to take and an unlikely result.
If she is successful in her contempt action, you may be liable for her attorney’s fees in bringing the action, depending on the laws in your state. I would recommend that you continue to comply with the divorce judgment and pay your proportion of the insurance costs.
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If the costs are an extreme financial burden for you, you may want to consider filing a modification action.
On the other hand, if your divorce judgment does require her to use a preferred provider, you may be able to file a contempt action against your ex-wife.
Remember, I am unable to provide you with anything more than divorce tips for men, so please consult with divorce lawyers for men in your jurisdiction.
To arrange an initial consultation to discuss divorce rights for men with a Cordell & Cordell attorney, including Atlanta Divorce Lawyer Katherine Petersen, please contact Cordell & Cordell.
