Irving, TX asked in Family Law and Child Support for Texas

Q: I’m supposed to pay 1/2 of out of pocket medical expenses. My son’s mom won’t use the insurance I have.

I have great insurance on my son. It is just that you have to go in-network to get the benefits. If she doesn’t use it and runs up bills, do I still have to pay 1/2 of out of pocket costs? I pay a large premium for insurance for him and also have a health savings card for meds and deductibles. Help!

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1 Lawyer Answer

A: Your court order should have provisions stating that whoever uses out of network providers then has to pay 100% of the out of pocket/uninsured expense. That provision used to be part of the standard language in court orders but the form changed several yrs ago to delete it, not sure why. If your Order doesn’t have it, you will need to file a Pet to Modify to have that language added. Let me know if I can help you with that.

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