Need Help writing a legal contract.......can anyone assist?

[aracko]

I have a situation many of you might find to be strange. I have a stepson, and it is his fathers Court order to provide insurance for his son. Well, he isnt following up on his court order and this 4 year old boy has no insurance.

 

Well most important to us is that this boy has insurance. 4 year old boys tend to fall off bikes, jump down stairs, run into corners and just in general start to get hurt more and more often. There might be a tonsel (sp) surgery coming up or who knows what. I already cover my wife and daughter, so I do not believe it would be any additional cost (if it is a cost it would be minimal) to cover him.

 

I am looking to write up a document that states that his Paternal Father will cover all medical costs (perscriptions, co-pays, outstanding balances, eye care, dental visits etc - even mental health visits should they arise) anything related to health other than over the counter medication and he will sign it. If he defaults on it, and a collector comes to me, I can simply take him to court with that document (remember he is already court ordered to cover all benefits) and be done with it.

 

If anyone can help me with this situation I would really appreciate it. Money is tight as it is and I cannot pay legal fees for this guy, but my benefits enrollment is coming this Friday and I need to have this taken care of.

 

Thanks a million.

[RyDogg66]

...and when the Paternal Father doesnt cover those costs??

 

If you have insurance and your family is covered under that plan (and I assume you are married to this boy's mother) then just add him and be done with it. His dad sounds like a deadbeat, no use trying to fight a deadbeat.

[aracko]

I guess your right.

 

If someone is court ordered to do something like cover the benefits - and does not do it - what is the penalty? Does anyone know?

[Jopal78]

You do not need a contract.

 

If there is a Court order for insurance to be provided and the person is not providing insurance, you go into Court on a motion and the Court will make sure its order is enforced. They can garnish wages etc., or even hold the individual in jail until such a time that he provides the insurance in compliance with the Court order.

 

You can probably find a form to use at your local Courthouse, or they may have a legal assistance desk which could give you pointers on drafting this simple document.

[Opey76]

The contract would be little more than repetitive. It would potentially allow you to recover any sort of expenses that you incur for people coming after you to collect or other incidental damages, but there are a few hang-ups:

 

1) If he is currently under court order to pay those costs, what is the likelihood that he would a) sign the contract in the first place and b) follow the terms of the contract if he signs.

 

2) Even if you were to get him to sign the contract and he breached, what do you think the odds are that he would pay any judgment that you are awarded?

 

In terms of time/effort and in interest of saving more frustration, I would simply motion the court to force payment, garnish his wages, hold him in contempt of court or any other remedy under the original court order.

[aracko]

I do appreciate the guidance everyone. I think that I will add him to my insurance, so that he is covered in the case of an emergency. As for the idea of motioning the court, I think we may look to pursue that but in the meantime will address the more important issue of getting my step son protected.

 

I dont like being a jerk.

[ccbrew]

I think you're already doing the right thing by keeping in mind what is most important. You're not being a jerk - that title already belongs to the guy who is not providing basic needs for their son and is making others go through the hassle involving it.

[dadofandrew]

Doesn't Badger Care promise coverage for all under 18? This may be an option, unless the father of the kid is loaded.

[aracko]

Doesn't Badger Care promise coverage for all under 18? This may be an option, unless the father of the kid is loaded.

 

Really?

 

See our situation is kind of different - He lives with us - so I do not know if that would work.......