Our health insurance is asking for verification of the children listed on the policy. My husband has a child from a previous marriage that he has to carry insurance on. The divorce decree has everything correct except one word. It incorrectly stated plaintiff instead of defendant (my husband was def) We called the courts to find out what has to be done for correction, and were told to contact the attorney- the attorney shot himself a few years ago, so we were going to try to contact the ex-wifes attorney, he has been disbarred. Does anyone know of any way to have this corrected? Divorce was final 14 years ago.
2007-08-30 06:49:50 · 15 answers · asked by Julie S 2 in Family & Relationships ➔ Marriage & Divorce
Insurance company will remove his child if he can't show court documentation that he is required by law to carry coverage. He doesn't live with us -
2007-08-30 07:03:21 · update #1
You will need to get a new attorney. Make sure that you have all copies or information with the previous divorce. The new attorney can enter information in as a "clause to the divorce." Meaning your not changing the WHOLE divorce just the one word. The ex-wife will probably have to have some type of written correspondence agreeing to this. The new attorney will probably ask her for it. It's very easy...very simple. Not a lot of hassle.
2007-08-30 06:55:22 · answer #1 · answered by mshellrosie 3 · 0⤊ 1⤋
If the insurance company is saying that, it is not true. All he needs is a birth certificate showing he is the father and the insurance company should provide coverage to the child. I have never heard having to show an insurance company divorce papers, that is ridiculous. You should report the insurance company to the commissioner of insurance for your state.
2007-08-30 14:19:00 · answer #2 · answered by Anonymous · 0⤊ 0⤋
You need to get another attorney to file a petition to change it with the court. They will have to re-open the case, and adjust the records to a new attorney on record. Is this something that the insurance company is requiring you to verify?
2007-08-30 14:00:07 · answer #3 · answered by Breanna C 3 · 0⤊ 1⤋
I am sorry that you have such a rotten time with your attorneys. Bad luck. But you really need a licensed attorney to fix this. It's a simple clerical issue, so anyone will do. You can even try some local legal-aide services. Good luck.
2007-08-30 13:56:06 · answer #4 · answered by Anonymous · 0⤊ 0⤋
Call back the court and explain the situation. See if the judge that presided over the case is available. The divorce is still valid this is a clerical error.
Good luck.
2007-08-30 13:57:04 · answer #5 · answered by Anonymous · 0⤊ 0⤋
You need to find out who took all of your husbands records from the previous lawyer. Even though he killed himself there has to be paper work out there somewhere.
If his lawyer worked at a firm chances are they still have the paper work. And just gave the files to another lawyer in that firm or they have it stored in there records.
If he was independent then the files where probably sent to the courthouse where his lawyer worked from. They should have the files.
If not then they should know where to send him to find them!!
The same applies to his ex's lawyer. Check the firm where he worked. If he was independent then check the courthouse.
Someone has to have record of all this.
I know that it is a lot to deal with but I wish you good luck!!!
2007-08-30 15:24:27 · answer #6 · answered by rockn75 3 · 0⤊ 0⤋
Just hire a new attorney and explain everything to him. He'll have to go back through it all and there will be fees but you should have not problem getting it fixed.
2007-08-30 13:54:17 · answer #7 · answered by btceng64 2 · 0⤊ 0⤋
Contact the county clerk office where the divorce took place...see if you can contact the judge who signed off on the divorce.
2007-08-30 13:53:14 · answer #8 · answered by Anonymous · 0⤊ 0⤋
Either, or both attorneys, were probably part of a group or firm. The remaining members of that firm should be able to help you.
2007-08-30 13:53:56 · answer #9 · answered by Pink Denial 6 · 1⤊ 0⤋
go to the court. take your document with you. ask for the same document, but the blank version. revise it. have the ex sign it, have the husband sign it...and submit it to the judge for correction. and your done.
2007-08-30 14:04:40 · answer #10 · answered by Isabella S 4 · 0⤊ 0⤋