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  • health benefits

    My ex agreed to put my name on his health benefits for six months ( part of divorce settlement ). The problem is he claims he doesn't know the name of his insurance company. His employer isn't giving any info either. I faxed his compny the court order but to no avail. Two months have gone by and I'm getting no where with this matter.
    For 15 years I paid dental, medical, glasses, braces for my kids and I...out of my own pocket.
    Anyway, not sure what route to take from here. Should I show my dentist the court order? We have had the same dentist for many years.
    I've had enough of my useless lawyer...paid him thousands of dollars for nothing!

  • #2
    Hi sunday,

    Is this a separation agreement or court order? I'm surprised that your court order/separation agreement doesn't set out the name of the insurance company and/or policy number. Are you to provide your ex with your prescription receipts and he is to reimburse you, or was it agreed that you deal with the insurance company directly?

    Until this is all figured out, just make sure to keep a detailed account of all medical and dental expenses incurred since the settlement.

    Lindsay

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    • #3
      benefits

      Thanks Lyndsay, there are no details written in my divorce settlement. Just that I will be able to use my ex's benefits for six months ( March 09 / 06 - Sept. 09 / 06 ). When the six months is up the benefits are no longer available to me. I'm to file and pay for the divorce!

      Comment


      • #4
        benefits

        oops, sorry...court order of the final settlement.
        Thanks

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        • #5
          Hey Sunday,

          Any chance you guys used the same dentist, if so I bet the dentist will have the policy # on file.

          Comment


          • #6
            If your ex is not co-operating on this especially after settlement, bring the matter before the court for disclosure of the insurance company and policy number. Be sure to seek full costs.

            I'm sorry, but I don't buy the excuse that he doesn't know the name of the insurance company and policy number. All he has to do is contact his benefits/human resource department of his employer to find out.

            LV

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            • #7
              benefits

              Thanks everybody for your input!!

              Comment


              • #8
                Originally posted by Grace
                Hey Sunday,

                Any chance you guys used the same dentist, if so I bet the dentist will have the policy # on file.
                Could the Dentist office not get into trouble with reference to confidentiality issues? If I was the dentist, I wouldn't want to get involved in the middle of this mess!

                Comment


                • #9
                  A dentist a similar rules of professional conduct. They would need a waiver from the patient on file to disclose information about another patient.

                  LV

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                  • #10
                    benefits

                    Thank you again everyone!
                    I suppose even after 20 years of marriage...gave my ex everything...freedom, education, material things, forgivness, support, my heart and soul, two well behaved children and much more. I do not deserve 6 months of health benefits. I don't understand...I will never understand how a person can use another to the point where there is absolutely nothing left...and then be able to sleep at night!!

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                    • #11
                      Sunday,

                      If you minutes of settlemnt, order or separation agreements states that your are to have benefits and your ex is not co-operating, Take the matter back to court and seek full costs. I suspect the Judge will not be to pleased with his behaviour. To me its your only option.

                      LV

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                      • #12
                        Sunday, I know you cant afford to retain a lawyer and you have had a bad experience with your previous one, but you can do this one on your own. Or do you qualify for legal aid? Your simply asking the Judge to have your ex comply with the order. LV is right the Judge would not be happy with this.

                        I would first start with writing a registered letter to your ex, cc his employer as well. Remember in Family Law: DOCUMENT EVERYTHING. You could write something to this effect:

                        Dear Ex:

                        Your are in breach of Justice Smith's order of May 1/06 as you have yet to provide me with the information regarding the medical benefits I am entitled to under the order, despite my numerous verbal attempts. I require both the name of the insurer and policy number.

                        Needless to say, the terms of Justice Smith's Order must be followed, failing which I will proceed with a motion to enforce the Order and hold you accountable for all of the associated costs.

                        I await written confirmation that the terms of the Order of Justice Smith, May 1/06, 2006, have been fulfilled.

                        Yours truly,

                        Sunday
                        cc: Ex's employer

                        This might be enough for him to take you seriously and give you the info.
                        Grace

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                        • #13
                          benefits

                          Thanks Grace, I faxed a letter and copy of the court order to my ex's employer. I also sent the ex an e-mail requesting the info.
                          My ex is so vendictive...blah,blah'blah. I'm so exhausted.
                          Thanks Grace!

                          Comment


                          • #14
                            Sunday,

                            I think you wouldn't even need a motion to get results. I suspect all you would need is a case conference. The order has already been made.
                            Your just trying to get compliance.A secondary Judge will want to know the other party is not complying with the order. You can still get costs for an attended case conference. ie; time off work etc, parking, a few hours for paperwork, travel, 0.30/ km traveled, stationary etc. The Judge will most likely advise the other party that they are or will be in CONTEMPT of the order, if the order is not complied with. Remember, a case conference has no sworn evidence, just briefs.

                            To prove contempt, you have to prove willful. This can be difficult to prove at times, but after having a case conference, being warned etc, and being advised to comply, and still no co-operation, you will have definitely shown willful.

                            LV

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                            • #15
                              Time is running out for Sunday on the benefits, as it was only ordered for 6 months. LV do you think at a case conference the Judge could extent the time limit as her ex has not complied or does she need a motion???

                              I'm in a similiar situation with my ex not comply with the final court order and we are bringing forth yet another motion.

                              Comment

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