Wife switched Health Insurance!!!!

Me and my wife seperated in CA in 9-07. When she filed for divorce a restraining order came with the summons saying neither party could change health insurance which she did after filing! This cost me not getting my gastric bypass surgery! Will I be awarded anything in family court for this or what might happen? also I need to keep my Insurance through my wife after the divorce. is this posible? PLEASE HELP!!!!!! yes I have a lawyer but it costs me everytime I speak with him and I have not been gave a response on this. yes I told him I wanted to keep my insurance after divorce.

by chief_chuck 3 Posts
Posted on 6/25/2008 7:20 PM

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Answers for "Wife switched Health Insurance!!!!" (6) (You must be logged in to answer)

spaznskitz after speak with my lawyer and some other people involved in the field I have to determin you could not be more wrong! There is a standard restraining order that comes with the summons that says neither party can't change insurance. I don't know how you could come to this conclusion that a judge will let this slide when it is clear in the restraining order. Perhaps you should rethink the advise you have gave to me because it seems to be the wrong conclusion.

by chief_chuck 3 Posts
Posted on 7/11/2008 4:30 PM

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the court won't hold it against her for changing to a policy that is affordable with a single income.

sorry.

by spaznskitz 7745 Posts
Posted on 6/27/2008 1:38 AM

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spaznskitz, shw has a choice of 3 insurance policies through her work. she told me she switched insurances because I was going after support for her and the new insurance was $150.00 per month instead of $450.00 per month. she clearly had a choice and made one.

by chief_chuck 3 Posts
Posted on 6/26/2008 5:29 PM

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Gastric bypass? I don' t know if that is considered elective? I think that if the wife's insurance is through her work, you might have an option to continue it, but you would probably have to pay whatever the employer contribution is...at least that is what I was able to do. And only for 36 months I think, then you're on your own. Whatever she switched to is what you're stuck with though, I think. Anyway, I'd say it is something your attorney needs to really advise on.

by elane 348 Posts
Posted on 6/26/2008 3:23 AM

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ummmmmmmmmmmmmm take the other guys advice my advice is beg her good luck :)

by kpizzle 5 Posts
Posted on 6/25/2008 10:07 PM

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is it personal health insurance or through a company? If it is through a company, she may not have had a choice in the matter when it comes to changing the health insurance. She won't be held in contempt if she can prove it was not under her control.

As far as you forcing her to keep you on the insurance, no one can answer that for you except your attorney because that decision is based on several factors individual to your case.

I'm a family law attorney

by spaznskitz 7745 Posts
Posted on 6/25/2008 7:42 PM

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