Date: 3/6/2008 7:24:39 PM
Member Since: 7/22/2006
Mr Barics, who is so knowledgeable, or anyone else:
As part of my settlement/divorce, the Supreme Court of the State of NY issued a Qualified Medical Child Support Order (QMCSO), which I gather is fairly standard. It directs a) my ex carry our child on his insurance and b) that his employer (which manages his benefits fund) and his insurance provider send all information regarding our child (ID cards, explanation of benefit forms, etc.) to my address NOT my ex's (even though he is the policy holder), as I have primary physical and sole legal custody of our child and my ex lives 1000 miles away and seldom sees our child by choice. For complicated reasons, I am also responsible for 100 percent of the child's unreimbursed medical expenses. Under ERISA, a QMCSO also requires the insurer to make all reimbursements directly to me for costs that I incur for the child (even though I'm not the policy holder).
My ex is carrying the child on his policy, as required--but refuses to forward ID cards, explanation of benefits, bills, reimbursements, etc. He's basically completely uncooperative. So, for nine months now, I've been trying to get his employer and his insurance company to send all of the child's health insurance info. to me directly--as, in fact, they are legally required to do under the QMCSO. But they will not do so.
The employer says it's up to [the insurance company] to make the address change, and that it's hands are tied. And [the insurance company] has been completely uncooperative. I've written both, repeatedly, saying there's a valid court order requiring them to make this change, sent them a copy of the QMCSO, etc... But nothing happens. As a result, I receive nothing for my daughter regarding her health care, and am operating completely in the dark.
How do I enforce this valid court order? It doesn't seem like divorce court is the place--as the defendant is not my ex, it's [the insurance company](and my ex's insurer). This seems more like labor law. But I don't know. Can I hold [the insurance company] responsible for my legal fees, given that it's in contempt? (I'm broke at present.) My daughter is about to have a complicated medical procedure and I need this resolved.
Just to make things more complicated, I've since moved (with my ex's permission) from NYC and my ex hasn't lived in NYC for years. Would I still enforce it in NY (since NY State is who issued the QMCSO), or should I have it transferred to my new state? And again, is a QMCSO typically a divorce court matter, or a civil court matter, or something else?
I'd greatly appreciate any specific advice anyone has about how to enforce a QMCSO.