It's not a "better fit." You have a judgment already. Everything you can do with a judgment you can do with the one you already have. Moreover, the fact that one court has already issued a judgment on the matter precludes another court from hearing it. So this is something you won't be able to do. It won't work, so continuing to try to make it work will only frustrate you further. I understand you don't like that so far you've not gotten what you should from her and that you've not been able to get effective enforcement from the judgment you already have. But small claims court won't be the solution to that here.
this is exactly how the order is written out. can you tell me (even if it's in family court) if i will 1: be reimbursed for the out-of-pocket expenses and 2: if i would be reimbursed for the amount i have been paying for my daughter to have coverage?
THE PARENT ORDERED TO PAY SUPPORT MUST (1) Provide and maintain health insurance coverage for the children if it is available through employment or a group plan, or otherwise available at no or reasonable cost, and keep the local child support agency informed of the available of the coverage; (2) if health insurance is not available, provide coverage when it becomes available; (3) within 20 days of the local child support agency's request, complete and return a health insurance form; (4) provide to the local child support agency all information and forms ncessary to obtain health-care services for the children; (5) present any claim to secure payment or reimbursement to the other parent or caretake who incurs costs for health-care services for the children. The parent ordered to provide health insurance must seek continuation of converage for the child after the child attains the age when the child is no longer considered eligible for coverage as a dependent under the insurance contract, if the child is incapable of self-sustaining employment because of a physically or mentally disabling injury, illness, or condition and is chiefly dependent upon the parent providing heath insurance for support and maintenance.
Obligor must pay fifty perfect (50%) of the reasonable uninsured health care costs for the children as provided by Family Code section 4062.
then, the next page says:
IF YOU HAVE A CHILD SUPPORT ORDER THAT INCLUDES A PROVISION FOR THE REIMBURSEMENT OF A PORTION OF THE CHILD'S HEALTH-CARE COSTS AND THOSE COSTS ARE NOT PAID BY INSURANCE, THE LAW SAYS:
1: Notice. You must give the other parent an itemized statement of the charges that have been billed for any health-care costs not paid by insurance. You must give this statement to the other partent within a reasonable time, but no more than 30 days after those costs were given to you.
2: Proof of full payment. If you have already paid all of the uninsured costs, you must (1) give the other parent proof that you paid them and (2) ask for reimbursement for the other parent's court-ordered share of these costs.
3: Proof of partial payment. If you have paid only your share of the uninsurance costs, you must (1) give the other parent proof that you paid your share, (2) ask that the other parent pay his or her share of the costs firectly to the health-care provider, and (3) give the other parent the information necessary for that parent to be able to pay the bill.
4: Payment by notified parent. If you receive notice from a parent that an uninsured health-care cost has been incurred, you must pay your chare of that cost within the time the court orders; or if the court has not specified a period of time, you must make payment (1) within 30 days from the time you were given notice of the amount due, (2) according to any payment schedule set by the health-care provider, (3) according to a schedule agreed to in writing by you and the other parent, or (4) according to a schedule adopted by the court.
5: Disputed charges. If you dispute a charge, you may file a motion i ncourt to resolve the dispute, but only if you pay that charge before filing your motion.
If you claim that the other party has failed to reimburse you for payment, or the other party has failed to make a payment to the provider after proper notice has been given, you may file a motion in court to resolve the dispute. The court will presume that if uninsured costs have been paid, those costs were reasonable. The court may award attorney fees and costs against a party who has been unreasonable.
6: Court-ordered insurance coverage. If a parent provides health-care insurance as ordered by the court, that insurance must be used at all times to the extend that it is available for health-care costs.
a. Burden to prove. the party claiming that the coverage is inadequate to meet the child's needs has the burden of proving that to the court.
b. Cost of additional coverage. if a parent purchases health-care insurance in addition to that ordered by the court, that parent must pay all the costs of the additional coverage. In addition, if a parent uses alrernative coverage that costs more than the coverage provided by court order, that parent must pay the difference.
7: Preferred health providers. If the court-ordered coverage designates a preferred health-care provider, that provider must be used at all times consistent with the terms of the health insurance policy. When any party uses a health-care provider other than that preferred provider, any health-care costs that would have been paid by the preferred health provider if that provider had been used must be the sole responsiility of the party incurring thoses costs.
i've also read your reply about trying to get AROUND family court. i figure, i honestly have nothing to hide, so going against her attorney doesnt really faze me, if we stick to the facts & reasoning for the order. So thanks for letting me know the SCC was a fantasy and that FC will be where to tackle this.
I am just seeing if it is worth me taking two days off of work (without pay) for a measly $115 OR if i would be eligble for the reimbursment of the health care costs i have been providing for my child, seeing how she has not.