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George Anderson
01-05-2007, 01:55 PM
We have custody of my 16 year old nephew. His mother who is a dead beat and never has paid us child support, recently came into quite a bit of money due to her husband being killed at work. We have contacted an attorney and we have a very good case to receive part of this money. However while we will likely win the court case to receive child support it will be hard to collect considering she is rarely in one place for very long. If we knew the insurance company that was paying her we could have our money garnished. My question is how do we find out what insurance company is paying her?

Any help is appreciated.

Ltlabner
01-05-2007, 01:59 PM
We have custody of my 16 year old nephew. His mother who is a dead beat and never has paid us child support, recently came into quite a bit of money due to her husband being killed at work. We have contacted an attorney and we have a very good case to receive part of this money. However while we will likely win the court case to receive child support it will be hard to collect considering she is rarely in one place for very long. If we knew the insurance company that was paying her we could have our money garnished. My question is how do we find out what insurance company is paying her?

Any help is appreciated.

Wouldn't that information be part of court papers or other public information? That is, wouldn't your laywers be able to search the public records to find the name of the insurance company that is paying out the settlement?

Redsland
01-05-2007, 02:02 PM
Call the company the husband used to work for and ask them who their insurance co. is?

George Anderson
01-05-2007, 02:12 PM
Call the company the husband used to work for and ask them who their insurance co. is?

I have thought about doing that but I think i would have to act like I am a rep from another sales company trying to get their insurance business from their current insurance company. Honestly since I have zero background in the insurance business I am afraid I could pull it off if they started asking questions. I'm sure it could be done but I am concerned they wouldnt give me the info because not all companies do.

George Anderson
01-05-2007, 02:13 PM
Wouldn't that information be part of court papers or other public information? That is, wouldn't your laywers be able to search the public records to find the name of the insurance company that is paying out the settlement?

My lawyer acted like it wasnt public record.

Ltlabner
01-05-2007, 02:20 PM
I have thought about doing that but I think i would have to act like I am a rep from another sales company trying to get their insurance business from their current insurance company. Honestly since I have zero background in the insurance business I am afraid I could pull it off if they started asking questions. I'm sure it could be done but I am concerned they wouldnt give me the info because not all companies do.

You might ask to speek to the president of the company or other hi-ranking person and just explain your situation. Perhaps if you lay out the truth they'd be willing to help you out. I doubt it, but sometimes the truth mixed with asking for help will grease the wheels quite nicely.

Razor Shines
01-05-2007, 02:37 PM
I think Ltlabner's suggestion would be the easiest way. Or you could hire a PI to find out, I think that would be a last resort. I don't know how far away you live to the company, but if you're not far you could just find someone that works there and ask them. I'd imagine there are many ways to find out. But I'd just call and flat out ask, even the secretary who answers the phone.

Gainesville Red
01-05-2007, 03:14 PM
If they won't tell you, just go apply for a job where he worked and ask what kind of insurance they use.

George Anderson
01-05-2007, 03:16 PM
If they won't tell you, just go apply for a job where he worked and ask what kind of insurance they use.

Wow, good one. Thanks

I have just started this process and I am trying to get my ducks in a row as to how I wanna attempt to get this info. Lotta good ideas from everyone!! Thanks alot!!

Ltlabner
01-05-2007, 03:24 PM
If they won't tell you, just go apply for a job where he worked and ask what kind of insurance they use.

Would the insurance provider for their health care and their corporate libability insurance carrier be one in the same?

I would think if you asked the recptionist or other simularly ranked person, when you ask "who does your insurance" will give you the name of the health insurance provider, not neccessarly the company that insures them for libility issues.

Roy Tucker
01-05-2007, 03:48 PM
My lawyer acted like it wasnt public record.

I would think a lawyer could figure out how to do this without you having to resort to phishing.

I'd think about getting a new lawyer. It doesn't seem like rocket science.

Yachtzee
01-05-2007, 04:17 PM
I would think a lawyer could figure out how to do this without you having to resort to phishing.

I'd think about getting a new lawyer. It doesn't seem like rocket science.

Discovery request?

Red Leader
01-05-2007, 04:40 PM
Do you think HIPAA laws would make this information harder to get, legally, for anybody?

George Anderson
01-05-2007, 06:18 PM
Discovery request?

Whats this?

Buckeye33
01-05-2007, 06:23 PM
Would the insurance provider for their health care and their corporate libability insurance carrier be one in the same?

I would think if you asked the recptionist or other simularly ranked person, when you ask "who does your insurance" will give you the name of the health insurance provider, not neccessarly the company that insures them for libility issues.

Most likely, their health insurance and life insurance are carried by different companies.

Sadly, I've had to deal with insurance companies since my mother passed away in September. Her companies health and life insurance were different companies. As well, the companies regular life insurance and accidental death insurance could even be held by another seperate comapny.

I would have to think that your lawyer would be able to get any of this information.

Yachtzee
01-05-2007, 10:29 PM
Whats this?

When someone files a lawsuit, their attorney makes a discovery request of the other party. Each party has to turn over the information requested by the other side, unless it is privileged information. The name of an insurer is not privileged information.

Larkin Fan
01-05-2007, 10:43 PM
Do you think HIPAA laws would make this information harder to get, legally, for anybody?

No, HIPAA only applies to health related matters. This isn't a health matter.

George Foster
01-05-2007, 10:56 PM
I would think a lawyer could figure out how to do this without you having to resort to phishing.

I'd think about getting a new lawyer. It doesn't seem like rocket science.

The most a lawyer could get is one 1/3 of the back child support for payment. 2/3 rds of something is better than zero of nothing. Also take her back to court for being a dead beat mom and get a bench warrant.

Free advice from my dad!:thumbup: :thumbup:

George Anderson
01-06-2007, 12:46 AM
The most a lawyer could get is one 1/3 of the back child support for payment. 2/3 rds of something is better than zero of nothing. Also take her back to court for being a dead beat mom and get a bench warrant.

Free advice from my dad!:thumbup: :thumbup:

When we originally took custody of my nephew he was 12 and at the time both of his parents were dead beats who couldnt hold a job. We agreed to take custody of him and not ask for support. We did this because had we asked for child support neither parent would agree to sign him over to us, and the 12 year old would be stuck in the hell hole he was in. So can i still go after back support even though we originally never requested it???

BTW I do have a top notch attorney on this case who specializes in these situations. The ideas you guys are giving are ideas I am definitely gonna pass on to her for her opinion. Thanks a million!!

George Foster
01-06-2007, 01:57 AM
When we originally took custody of my nephew he was 12 and at the time both of his parents were dead beats who couldnt hold a job. We agreed to take custody of him and not ask for support. We did this because had we asked for child support neither parent would agree to sign him over to us, and the 12 year old would be stuck in the hell hole he was in. So can i still go after back support even though we originally never requested it???

BTW I do have a top notch attorney on this case who specializes in these situations. The ideas you guys are giving are ideas I am definitely gonna pass on to her for her opinion. Thanks a million!!

Just because you did not ask for support, does not mean you can't ask for it now. Just like a mother who goes back to court and will ask for more support from the father. A parent is obligated to pay support if made so by the court, they don't have a choice. Go back to court. You need to go back to court. No judge in his or her right mind would deny this, and you should not have to worry about losing custody if they have had very little or no contact with their child. You are not being money hungry. Don't feel guilty for doing this. It is their obligation to help you support the child.

George Anderson
01-06-2007, 04:19 PM
Just because you did not ask for support, does not mean you can't ask for it now. Just like a mother who goes back to court and will ask for more support from the father. A parent is obligated to pay support if made so by the court, they don't have a choice. Go back to court. You need to go back to court. No judge in his or her right mind would deny this, and you should not have to worry about losing custody if they have had very little or no contact with their child. You are not being money hungry. Don't feel guilty for doing this. It is their obligation to help you support the child.

But what about getting the support we could have gotten for the past twelve years. Is it possible to get that still?

George Foster
01-06-2007, 10:32 PM
But what about getting the support we could have gotten for the past twelve years. Is it possible to get that still?

Not if you agreed to it at the time, but just like if a father's income changes for the better, a mother can go back to court and ask for more child's support. You can go back to court and claim that her financial situation as increase for the better and you want child support.

You should honor your agreement with the parents before the insurance money. That is fair.