I need to obtain proof from my ex-spouse’s health insurance provider as to the cost charged for my daughter to be covered, since I am being expected to pay that portion of the premium.
What is the procedure for legally obtaining the cost per person premium? Could I issue a subpoena if I am representing myself pro se? How do HIPPA laws relate to this?
I would first contact your ex-wife requesting the insurance information. If she is unwilling to provide that information to you or you are not on speaking terms, you could try contacting her employer directly and ask for the insurance tables that provide the difference between the employee and employee plus child or employee versus family.
Indicate that you are court ordered to pay your ex, who is a current employee, a portion of this insurance premium. It should not be a violation of HIPPA for you to simply have the generic table or chart that indicates the cost of the insurance premiums.
As a pro se individual, you would not have the authority to issue a subpoena – by state statute, this authority is limited to court officials and attorneys. If your wife or her employer refuse to disclose this information to you, you may have to return to court to have the judge order her to disclose this information to you.
Since you are a payer, you could also try to get the child support agency to request this information from your wife by indicating that they are reviewing the support or updating the information.
Cordell & Cordell has men’s divorce lawyers located nationwide.
Trisha B. Festerling is an Associate Attorney in the Milwaukee, Wisconsin office of Cordell & Cordell where she practices family law exclusively. Ms. Festerling’s practice is focused on men’s divorce, child support, child custody, paternity and modification. She is licensed in the state of Wisconsin. Ms. Festerling received her Bachelor of Science degree in Criminal Justice with a focus on Political Science, Magna cum Laude, from the University of Wisconsin – Milwaukee. She received her Juris Doctor from Regent University School of Law in Virginia Beach, Virginia.