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Non-Compliance of Court-Ordered Medical Insurance

This legal question related to Child & family lawyers in Arizona has been answered.

Location: Arizona  |  Law type: Child & family lawyers

How can ex spouse get away with not fulfilling court ordered medical insurance on son?

Ex spouse is ordered to pay medical insurance on my son that he has not fulfilled since November of last year. My son will be turning 18 years of age next month and is need of medical attention. One major surgery of a Cornea Transplant is in need with a cost of 10,000 without insurance I can not afford. Plus wisdom teeth extractions of 400.00 per tooth (4) and one special made contact lense from right eye laser surgery of 500.00 plus one toenail extracted of 270.00..... court ordered my ex spouse to pay medical insurance, including dental and child support during divorce to which ex has not been paying medical insurance since November of 2020 to present date. My son turns 18 on Aug 5, 2021. Need legal help and can not afford a lawyer/attorney. 

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Legal Solution

The response provided below is specific to Child & family lawyers in the jurisdiction of Arizona. If the response is inadequate, please submit a detailed inquiry.

Non-Compliance of Court-Ordered Medical Insurance

Court orders regarding child support and medical insurance are legally binding. If your ex-spouse has failed to adhere to these orders, it represents a significant breach. Arizona's laws provide recourse for such failures, ensuring the welfare of the child remains paramount.

Relevant Arizona Statutes

If you need more specific details or subsections, refer to the State of Arizona's official legislative website.

Potential Solutions

  1. Contempt of Court: One of the primary legal actions is to file a motion of contempt against your ex-spouse for failing to abide by the court order. If found in contempt, the court might mandate immediate action or even impose penalties.
  2. Enforce the Order: You can request the court to enforce its order. They might impose wage garnishments to cover the insurance or associated medical costs.
  3. Modification: If there's been a significant change in circumstances since the order was established, you might be eligible to seek a modification of the child support order to reflect the current situation.
  4. Legal Aid: Since you mentioned difficulty in affording a lawyer, you might explore options to receive free or low-cost legal aid in Arizona. Arizona Law Help can guide you in this direction.

Average Medical Procedure Costs in Arizona

Procedure Average Cost (USD)
Cornea Transplant $11,250
Wisdom Teeth Extraction (per tooth) $425
Special-made Contact Lense $530
Toenail Extraction $285

Note: Prices can vary depending on the healthcare provider, region, and other factors. It's crucial to get a clear quotation from the provider.

Clarification & Call to Action

It's crucial to gather all necessary documents showing your ex-spouse's non-compliance with the court order. As you continue your journey, consider using tools to compare lawyers in your area to ensure your child's welfare is protected.

Key Questions to Answer

  1. Documentation Proof: Can you provide concrete evidence showcasing your ex-spouse's failure to provide medical insurance since November 2020?
  2. Changes in Circumstances: Have there been any notable changes in either your or your ex-spouse's financial circumstances since the court order?
  3. Previous Legal Actions: Have you previously approached the court or any other legal authority regarding this matter?

What happens if my ex-spouse continually disobeys the court order?

In cases of continued non-compliance, the court might impose stricter penalties, wage garnishments, or even jail time to ensure adherence to the order.

Are the medical expenses retroactive?

Typically, in Arizona, the non-custodial parent is liable for a proportionate share of any uncovered medical expenses. If these aren't paid promptly, it can accumulate as arrears, which the offending party would need to clear.

Can my child's medical needs be covered under state programs?

Arizona has programs like AHCCCS (Arizona Health Care Cost Containment System) which can offer health coverage to eligible children. Your child might qualify, particularly given the upcoming significant medical procedures.

Does the responsibility of medical insurance end when my child turns 18?

Child support and associated responsibilities often continue past 18 if the child is still in high school or has special needs. However, typical orders expire when the child turns 18 unless specified otherwise.

How do I find an affordable family lawyer in Arizona?

There are numerous legal aid services, and you can also find the right lawyer by comparing options online. Many lawyers offer free initial consultations or work on a sliding scale based on income.


This content is for informational purposes only and does not establish an attorney-client relationship. It's always recommended to consult with a local attorney about your specific situation.

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Legal question "Non-Compliance of Court-Ordered Medical Insurance" has been changed 9 months 2 weeks ago. Demonstrate your legal skills and willingness to help and answer right now! Issue is related to the location of Arizona & area of law: Child & family lawyers.
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