It's not really insurance fraud, but it's contempt by not allowing the other parent to weigh in on medical decisions. And she can absolutely have her own insurance and just have the father pay the premiums instead of having him obtain health insurance for his child.

So, I think the only thing wrong here is not allowing the father to weigh in on medical decisions. That's it.

I have to disagree. The child's mother was told by the medical practice that she takes her child to that she is committing insurance fraud. While she does reserve the right to put the child on another policy, she is committing fraud by intentionally not reporting that the child has two different insurance carriers. Even after she was told she was committing fraud, she has not changed her ways.

Due to this, the medical claims are only billed to one insurance company, instead of two. I don't know about you, but if the company paying all these claims found out there is indeed an additional insurance carrier, they would be ticked off that they have had to pay on all of these claims, when in reality they should of been billed to the secondary carrier as well.

The other problem here is that, the man's insurance should be primary because he had insurance coverage for the child first and because his divorce decree which is filed with the court mandates him to cover the child's insurance. Instead, his insurance is not being used at all, thus stripping him of seeing any EOB's or having any knowledge of medical procedures being done.

Essentially the ex wife is making it seem as if her new husbands insurance is primary and that there is no other insurance. When in reality the child's father's insurance should be primary and her new husbands insurance should be secondary.

This is all intentional on his ex wife's part. It is indeed insurance fraud. The question is does interfering with a parents right to make medical decisions for their child via insurance fraud qualify as contempt? They share joint legal and physical custody which means that when it comes to medical or education decisions, they have to be in agreement on decisions made, not left completely out of the loop. Anyone else have any advice?

The information which you have outlined here should be brought to the attention of the court that issued the order requiring the father to provide insurance for the child. Of course, this has to be presented through the attorney who represents the father. While I cannot speculate what the consequence of this action will be, I am certain the court will not view the situation kindly. Judges do not tolerate having their court order disregarded.

I would think at the very least, the court would reduce the child support by the amount of the insurance premium that is being paid by the father. I realize this is not the desired action, but when dealing with the family courts, it is impossible to predict how a judge will react to any situation.

I assume in your question, you are asking if this action is a form of contempt of court. I am not certain if family court utilizes the term "contempt of court." However, what it is called is not important. What is important, is that this deceitful action is reported to the court which will allow the court to rectify the problem regardless of what method the court chooses to rectify it.

The information which you have outlined here should be brought to the attention of the court that issued the order requiring the father to provide insurance for the child. Of course, this has to be presented through the attorney who represents the father. While I cannot speculate what the consequence of this action will be, I am certain the court will not view the situation kindly. Judges do not tolerate having their court order disregarded.

I would think at the very least, the court would reduce the child support by the amount of the insurance premium that is being paid by the father. I realize this is not the desired action, but when dealing with the family courts, it is impossible to predict how a judge will react to any situation.

I assume in your question, you are asking if this action is a form of contempt of court. I am not certain if family court utilizes the term "contempt of court." However, what it is called is not important. What is important, is that this deceitful action is reported to the court which will allow the court to rectify the problem regardless of what method the court chooses to rectify it.

The insurance part of it really wouldn't matter. Well, obviously what she is doing is wrong and she should not be allowed to do it. But what i'm saying is that she is in contempt of the order if she is in any way keeping medical information from the father. I can only assume that the order states that they will make major medical decisions jointly and that he will be informed of all other medical issues. At least that is the way it is usually put in there. So the bottom line is if he is not being informed of medical decisions and actions, regardless of how she is keeping it from him, she is in contempt and he should document what is going on and take her back to court.