What to do if I need to recover insurance moneypaid to my ex-husband for our children’s medical expenses?

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What to do if I need to recover insurance moneypaid to my ex-husband for our children’s medical expenses?

My ex-husband’s health insurance paid an orthodontist claim of $2,000 to him directly instead of the provider. He took the money and now I still owe for our children’s orthodontic work. What recourse options do I have?

Asked on February 3, 2012 under Bankruptcy Law, Mississippi

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

I am assuming that this is all pursuant to the divorce decree. The problem here is that you have not paid the bill so you have no right to sue for reimbursement. The other problemhere is why areyouon the billin the first place if the kids are covered under his insurance? He should be on the bill with the office and the office needs to start hounding him. What you will have to do is to sue him based upon your divorce agreement. He is in breach. Also he is violating the court order that incorporated this agreement. Ask that he comply or be held in contempt.  Good luck.


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