QUESTION

If the mother takes money for medical insurance under a court order, but uses Medicaid instead can I take her to court?

Asked on Nov 13th, 2012 on Child Custody - Illinois
More details to this question:
I have been ordered to pay the mother $40 a month for medical insurance support. She only carried the private insurance for which the order was wrote against for a year. And for the past 2 years she has had our son on Medicaid instead of using the money ordered to pay for a private insurance. So she has basically been pocketing the money because you donโ€™t pay for Medicaid. Can I take her to court over this, is there any legal ground to hold her accountable for this?
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10 ANSWERS

Personal Injury Attorney serving Pacific, MO at Melvin G. Franke
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Yes, move to modify the order.
Answered on May 21st, 2013 at 12:22 AM

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Get a court hearing to change the order so you can stop paying her for this.
Answered on Apr 30th, 2013 at 11:39 PM

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Dennis P. Mikko
You should ask the court to review the support order. If she is not paying for medical insurance, you should not be paying for it either. You should ask the court to remove the medical insurance payment from your monthly obligation.
Answered on Nov 15th, 2012 at 8:41 PM

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Immigration Attorney serving Las Vegas, NV at Reza Athari & Associates, PLLC
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You may file an action in court to enforce the terms of the court's order, but that does not mean you will prevail or that it will be worth your effort to do so. There are a number of ways you could proceed. For example, you could file a motion for clarification and enforcement of the court's order. In the motion you could request that the court clarify that if the mother is not entitled to keep the money that was to be applied to insurance coverage. You would ask for clarification because the court's order did not directly address what would happen if the mother obtained medicaid for the children. In addition to seeking clarification, you could request that the court order the mother to return the money she pocketed. The judge will have discretion as to whether he or she will find that the mother disobeyed the court's order and whether the mother must return the money to you. If you retain an attorney to represent you, then you may pay more in fees that you would receive in reimbursement from the mother. If you proceed on your own, then you should review any rules set forth in Nevada Revised Statutes and Nevada Rules of Civil Procedure that could apply to your case.
Answered on Nov 15th, 2012 at 4:54 AM

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Michael Paul Vollandt
Go to court with a RFO to modify the child support order requiring the medical insurance payment. I do not think you can recoup the costs retroactively.
Answered on Nov 15th, 2012 at 4:26 AM

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Probate Law Attorney serving Colorado Springs, CO at John E. Kirchner
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The simple answer is that you can and should "take her to court" by filing a motion to modify the order that requires you to pay her. You could also contact the Medicaid office to see if she has disclosed the court order to them. It is possible that she is guilty of welfare fraud if she did not disclose all relevant information.
Answered on Nov 15th, 2012 at 4:25 AM

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Divorce & Separation Attorney serving Menasha, WI at Petit & Dommershausen, S.C.
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Yes, you can go to court and make her provide proof of the payment for private insurance.
Answered on Nov 15th, 2012 at 4:15 AM

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Criminal Defense Attorney serving Deltona, FL at R. Jason de Groot, P.A.
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Consult with a family attorney in your area. I think you should be entitled to a refund, a very odd circumstance indeed.
Answered on Nov 15th, 2012 at 4:04 AM

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You can go to court to get the order modified so that you no longer have to pay it, but it is unlikely that you will get back any of the money that you have already paid.
Answered on Nov 15th, 2012 at 3:59 AM

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Yes, you need to return to court for this matter because you are not obligated to keep paying the $40 if it is not being used for the court order purpose and you need to revise the court order to reflect this new situation.
Answered on Nov 14th, 2012 at 1:11 PM

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