Per our parenting plan, my daughter is on my ex-wife’s insurance policy as it is the most cost-effective. We split the monthly premium.
I recently took my daughter to see a child psychologist, which upset my ex-wife. Nowhere in the parenting plan does it say we have to both agree to this.
My ex told the psychologist that she would only give “permission” to bill the insurance if she agreed my daughter needed that appointment.
Can she do this? If I am paying for the insurance, too, can she deny me use of it if she doesn’t like how I use it?
I am unable to give you legal advice on divorce. I can give general divorce help for men, though, my knowledge is based on Michigan divorce laws where I am licensed to practice.
Your question is a unique one where the parent with the insurance coverage on the minor child is attempting to block access to medical care for procedures and/or appointments by refusing to give approval.
Does your ex-wife have the authority to do this? Unless her insurance company has an agreement with you allowing your authorization, the answer is yes she can deny this coverage, pursuant to her insurance carrier. However, it may not be authorized under your divorce decree.
You do not detail what your child custody arrangement is in your question, but I am assuming that you have joint legal custody of your daughter, which allows you to make decisions regarding her medical care.
If this is true, then when there is a dispute between the parties regarding this care, the court will make this decision for the child. Counseling is very common for children after a divorce proceeding, and it is probably in the best interest of your daughter.
It is likely that if counseling and/or a psychologist is recommended by your child’s doctor, her teachers, or if she has exhibited behavior wherein she would benefit from a counselor, the court will grant your request.
I would recommend that you bring this to the court’s attention. The court can order the counseling continue and address this issue of your ex-wife’s refusing insurance coverage for the child when she disagrees with the medical care – where you pay for half of this coverage.
The court may order that she is specifically prohibited from this action, and therefore subject her to sanctions and/or contempt proceedings if she attempts such actions again in the future.
Remember, I am unable to provide you with anything more than divorce tips for men, so please consult with a divorce lawyer in your jurisdiction.