My ex took the kids to a doctor not covered by my medical insurance and is demanding I pay half. Can she do this?

Question:

I provide medical insurance coverage for my three children. My ex-wife took them to an out-of-network provider and is demanding payment for these bills. She is threatening mediation and court action because I will not pay my half of these non-covered services. Does family law state that she must follow the guidelines/framework of the insurance provided?

 

 

Answer:

First let me preface my answer by stating that I am not licensed to practice law in the state of Florida, although Cordell & Cordell does have attorneys who are licensed in the state of Florida who would be happy to discuss your case with you.

Every state differs with regards to how the state and the Court’s treat uninsured medical costs. If your ex-wife took the children to an out-of-network provider because she wanted you to pay the increased medical expenses when there was an appropriate in-network provider, then the Court may require her to pay the entire costs because she is not using the insurance for the children in good faith.

However, if she took the children to an out-of-network provider based upon the recommendation of the children’s doctor or because there was not an appropriate in-network provider, then it may be possible that a Court would consider that to be a valid uninsured medical expense.

You should talk to an attorney in your jurisdiction to get specific advice as to how the state of Florida would classify its uninsured medical expenses.

Jason Bowman is an attorney in the Louisville, Kentucky office of Cordell & Cordell, P.C. He is licensed in the states of Kentucky and Texas. He received his Bachelor of Science in Business from the University of Louisville, and received his Juris Doctor from Texas Wesleyan University.

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