My husbands decree states that she must pay the children's insurance and he was charged $187 a month in the decree for her to do it. However 4 years ago she lost the insurance and he has been paying for it up until this past January.
It depends. The facts of when she lost the insurance, what she replaced it with if anything, etc. all matter. Plus, even if he wins, does she have the cash to pay him back? The court may not be eager to punish the kids by decreasing their support to offset her debt.
It is unlikely that a judge would order her to pay the money back or give him some type of credit for it, especially because he has not done anything about it for 4 years. It may be worth pursuing a modification, however, because he can get a credit on child support for the amount health insurance premium for the children that he is paying.
Given that almost four years have gone by without him pursuing this issue in court; i.e. filing a contempt action, it is unlikely that now judge will go back and make her pay back the health insurance premiums that she was ordered to pay in the decree. Having said that, the judge would likely sign a show cause order making her appear in court and explain why this happened, and if she is found in contempt then the judge has a broad range of remedies that she could implement to "purge," or punish the ex-wife for failing to follow the decree.
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