Insurance Fraud

Parental Alienation Syndrome, Malicious Mother Syndrome, dealing with the ex, and various other non-legal concerns throughout the process.

Insurance Fraud

Postby mrjoshua101 » Thu Jun 28, 2012 5:59 pm

This is my situation. I live in GA. I am paying half my disposable income in child support. My daughter's mother lied her way through my legitimation proceedings in order to receive an artificially inflated child support order. She asked the judge to allow her to insure our daughter instead of me. So I was ordered to pay her the "premiums."
I believe she doesn't have our daughter insured at all and is instead pocketing the money and using medicare. I know for sure she continued to use medicare after she testified under oath that she had her under Blue Cross/Blue Shield. She has refused to give me any insurance information. I subpoenaed her insurance records from her job to see if she has our daughter insured. If i can show the judge her dishonesty in this matter maybe the court can grant me some relief. Her job headquarters in FL has refused to honor the subpoena, stating that "I'm NOT A LAWYER AND i COULD BE ANYONE." I really believe they know that a GA subpoena cannot be enforced in FL. and is using the lawyer issue as an excuse. Is there a way around this?
I could just file the contempt case, but that would give her a couple of months to get insurance and then dump it again after the proceedings.
If I could get her for perjury too, then maybe the money I've paid can be refunded and I can insure our daughter myself.
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Re: Insurance Fraud

Postby lohe » Thu Jun 28, 2012 8:51 pm

Do you have joint legal? If so, you should be allowed to make medical decisions about your daughter with your ex.

If you do, call Medicare and see if your daughter is on it.

If she is, stop paying mother. That should get some balls rolling ;)
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Re: Insurance Fraud

Postby minuette » Thu Jun 28, 2012 9:04 pm

Can you motion for a change in the wording of the parenting agreement to:

1) Make health insurance a reimbursable expense, to be paid to the mother within 10 business days and upon presentation of each monthly invoice and proof of payment (copy of the cancelled check or copy of the bank or credit card statement); the presentation of the invoice and proof of payment should be ordered to occur via certified mail not more than 30 business days after payment was made by mother, or else father shall have no obligation to reimburse mother; and

2) Require the mother to provide you with a copy of the child's insurance card with 15 business days of any change in coverage.

The first clause would keep you from paying blindly and keep her from handing you a stack of bills once per year. The second clause is strictly for your convenience.
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Re: Insurance Fraud

Postby Trevor » Thu Jun 28, 2012 9:17 pm

Include a demand for a copy of the diagnosis docs from the provider too. That way you know what was done, and what the doctor said was the issue. Knowing the facts about your kids' health and care is very important.
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Re: Insurance Fraud

Postby Thoughts? » Thu Jun 28, 2012 11:53 pm

What possession plan do you have? You have the right to insist on insurance info.

You also don't mention how you're paying -- employer withholding?

Bottom line is rachet up your doc here, and use several methods, one of which needs to be certified letter with return receipt. Keep all communications short & professional.

Also, what insurance options do you have? Were you able to offer your child at least some coverage from your employer or union or school system?
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Re: Insurance Fraud

Postby mrjoshua101 » Fri Jun 29, 2012 12:31 am

I have joint legal custody of our daughter. In court, she insisted on providing insurance coverage, so the judge added the price of HER premiums into the total monthly order that is deducted from my income every two weeks. I can provide our daughter full coverage with my job's insurance, but she convinced the judge to let her do it. I have got payment info from the doctors and emergency room that show she's been using medicaid. However, Medicaid will not provide me with any information citing state statutes on releasing information to someone other than the applicant for services.
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Re: Insurance Fraud

Postby lohe » Fri Jun 29, 2012 8:40 am

I would go with a motion to compel as well (keeping in mind that I am not a lawyer and that is NOT legal advice, but my personal opinion!) It will give you a chance to get a court order to have access to your daugther's medical records and to ask that she be held in contempt and fined and to have your support reduced.
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