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Unless she previously had her lawyer notify the drs office -- the office has no way of knowing what their agreement is!
Let's face it - ex spouses can do anything they want -- a divorce agreement is just a piece of paper. Unless both parties understand and respect that agreement -- people will do what they want to!
Now -- who has primary residential custody of the kids? Usually that person would take the kids to a dr convenient for them. Did she and her ex confer on THAT choice of doctor?
Is it a big enough deal to make a big stink over? Unless the kids have chronic issues or have been with the same doc since birth -- well think about it.
If he's paying support, meeting his obligations about visitiation, etc. at some point you cannot keep fighting over everything. Should he have made the change without consulting her? Of course not. But is it worth legal fees and the grief to everyone?
If she really wnats to fight it -- start by drafting a letter to the ex that politely and firmly states the facts
1) cite the arrangement in the divorce decree on medical issues etc.
2) indicate that the arrangement (presumably) was not kept
3) ask for him, at his expense, to have the records (and insurance) switched back.
4) indicate that if there is no compliance -- she will follow whatever is in their divorce decree about setting disputes (if they had a good agreement, the next step is mediation, with costs fully shared by both parties), give him 10 dayss - 2 weeks.
I am a Dad with primary custody of my 2 kids. And honestly, the most stressful part with my ex wife is dealing with the costs around the medical issues. (i have 1 child who in chronically ill). although our agreement is clear on splitting expenses -- she stretches out her payments to me as long as possible. Yes, its a pain, and wrong. But its more important to me that we be together for the sake of our sick kid.
Good luck --
Pete
posted by 207.97.136...
, Tue, 30 Mar 2004 12:14:45
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