Failure to provide medical Insurance

[capricorn1]

Divorce was domesticated in Florida in 2001. 2 children
FH failed to provide medical insurance since 2003. When he did the policy was 80%,20% and the court ordered that FH and I split the 20% not covered by insurance. I have $36,000. in medical bills that I have paid. I contend that he is responsible for 100% of the 80% the insurance would have paid had he furnished it, so he would be responsible for 80% of the $36,000. A majistrate today decided he should only pay 50%. The majistrate asked for any case law that would substantiate my asking for more. My lawyer had none other than the fact she had the ability to rule in an equitable way for me. FH has made 1 million dollars since 2006 so he is perfectly capable of paying it. Any and all thoughts are appreciated. Any case law. I have 2 weeks to appeal. Thanks

[Attorney Howard Iken]

Sorry but case law research is beyond the scope of this forum. I think this is an interesting issue. But I have the feeling you are on the losing end of this stick. My thought is based on the feeling that you should have purchased your own insurance. Then you could have sought repayment of the premiums from the other party.



Attorney Howard Iken
The Divorce Center

[capricorn1]

I did purchase insurance in 2002 after husband was cashing insurance proceeds and not forwarding to me. While in court on a contempt support issue FH brought this up and the magistrate awarded him the 4 monthes of insurance premiums that I had paid. Damned if I do, damned if I don't. Because there is some discresion here and because of history of non payment, contempt etc I was hoping to hear the court could make their own determination outside of case law.
Thanks for your time