I had my son under Badgercare. The court ordered the father to put the child under his health insurance. The commissioner told him that if the insurance exceeds 5% of his income, that he can take him out. After court, the father decided that since I have my child under Badgercare that he would take him off of his health insurance. He claims that it is costing him over 5% of his income.. Can he do that? How do I know it is not exceeding 5%, he is probably lying. Also, there has been some updates with my residence and had to report that to the state which eliminated my Badgercare for my son. So now the father wants me to put him on my insurance. What do I do about this?
Workers' Compensation Lawyer
The father can be found in contempt if he violates the courts order. However, it is unclear what the exact terms of that order are based upon your question.
You would be best served by contacting a Wisconsin family law attorney that could review the Order, as well as the details as to the situation so that s/he can advise you as to what your options are.
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I am a bit unclear as to what you mean "if the insurance exceeds 5% of his income" and that the FCC did not define an amount and/or review the Financial Disclosure Statements and/or other thereafter set a specific amount as to a maximum for health insurance. You should be able to review those documents and inquire as to the amount the 'father' pays each month for health insurance, as compared to his asserted income. Neither one of you can violate the order (without consequence), though if you feel the child is not covered, or the father has inappropriately removed him from insurance coverage in violation of the order you reference, send him a 'warning' letter inquiring as to what the specific insurance is (or have your attorney send his attorney the letter), inquire as to how much the insurance he was ordered to provide costs (per month) and whether he has the court-ordered policy in place. If he cannot prove he has coverage in place and/or that the demonstrated cost is actually above "5% of his income(?)", then move the court for relief, potentially even to hold him in contempt (if he cannot show he has insurance coverage on the minor) for failure to follow the health insurance requirement. If you have further questions, I suggest you seek assistance from a Wisconsin licensed attorney that specializes in custody, placement and child support. Good luck.
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