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

Q: Do I pay for half of the cost of something not covered by insurance if my child's father failed to provide insurance?

We live in Texas and my child's father (divorced) failed to maintain insurance. He is court ordered to provide it and is supposed to pay half of our out of pocket. My child is Autistic and received 30+ hours of ABA per week. Apparently we now owe 16,000 to them because it's being billed as uninsured. Am I responsible for half?

He was on cobra and failed to make or follow up on his payments. The services we are being billed for (uninsured) were covered for over a year. We now have 2 months of services (past) that are not being covered because of things entirely out of my control or awareness.

Not to mention an abrupt change to my child's routine which is not ideal for children with Autism.

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2 Lawyer Answers
John Michael Frick
John Michael Frick
Answered
  • Frisco, TX
  • Licensed in Texas

A: It depends on the language of the divorce decree and possibly on other facts like could the same treatment have been received through a provider under a group health insurance plan available to one of the parents.

1 user found this answer helpful

Melissa O'Neal
Melissa O'Neal pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered
  • Angleton, TX
  • Licensed in Texas

A: Generally the person responsible for insurance is responsible for 100% if they do not provide the insurance they are court ordered to pay but I agree with Mr. Frick that you would need to look at the specific language of the order because sometimes those things do not get specifically spelled out in an order and that is something often overlooked. Please review your order to confirm.

1 user found this answer helpful

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