My common law wife (Colorado) has 2 children from her previous marriage. She(we) have the children 50% of the time. Her ex(John Doe) his responsible for having medical insurance on the children. They are responsible for spliting the cost. He has recently gotten married and his new wife(Jane Doe) has put the children on her insurance and told us since we have not been paying our half of the childrens medical bills that my wife can not take her own kids to a doctor unless we call her(Jane Doe) and have her set up an appointment for my wifes children??!! According to her divorce decree it states he is suppose to give her an insurance card which we dont have because Jane Doe wont supply it to us. Can she really do this????
Yes and no... The ex has no right (himself or through his wife) to violate the court order by refusing to provide the insurance cards. However, in order to enforce her rights, your wife will need to bring this matter before the Court. When she does this, her ex will invariably bring up any delinquent medical payments (he might as well since he is going to be in court anyway). Therefore, she needs to ensure that she has actually fulfilled all of her obligations before pursuing the matter of the insurance cards. Otherwise, she may get more from the Court than she bargained for.
You can reach Harkess & Salter LLC at (303) 531-5380 or [email protected] Stephen Harkess is an attorney licensed in the state and federal courts of Colorado. This answer is for general information only and does not create an attorney client relationship between Stephen Harkess or Harkess & Salter LLC and any person. You should schedule a consultation with an attorney to discuss the specifics of your legal issues.
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