Does monthly premiums count as medical expenses when suing?

[CMSC]

What is the name of your state? Nebraska

Ok, the time has come, I am filing in Small Claims on Monday for the 50% my ex owes on all medical expenses. These expenses are from July 2002-December 2002. I am wondering if I can ask for 50% of all monthly premiums as well? It states in the order, "Defendent is to carry health insurance when available through an employer. Defendent is also to pay 50% of all unreimbursed medical and dental expenses".

 

[Lil Miss Smarty Panties]

I am almost positive I read that if he is suppose to provide the medical coverage and doesn't, you can sue for half the premium you are paying to cover his responsibility. I think it was haiku or mama tiger that posted that.

 

[stealth2]

I don't think it was me... But I know when my insurance was less than his, he paid me the difference in premium between me alone, and me & the kids.

 

[Grace_Adler]

I have no idea but I thought I'd respond anyway so you'd know I care. LOL!

Anyway, haiku and kat seem to have alot of knowledge about insurance so maybe one of them will see this and know.

 

[CMSC]

Okay well I am going to file...where is lcollins, I know she was going to file at one time for medical, maybe she could answer me about premiiums. I guess all I could do is try it and be turned down.
I mentioned to him that I was taking it to small claims so that CSE would just take it out of his check and his response was, "They can't take out anymore"....huh? They only take out $34/week!!!!

 

[Grace_Adler]

LOL! Tell him he's a dork!

 

[CMSC]

Well here is the thing I worry about. He says he only makes $5.50/hour BUT that was starting wage there and he has worked there since October so I bet he is about due for a raise. And they make commission, bonus's etc. there which CSE is NOT including as income! They get extra pay if they work past 35 hours/week and there is a dollar an hour extra pay if they work nights.

 

[haiku]

I feel so honored to be mentioned guys I am blushing!

my husband is ordered to pay ins. if available, on his kids. They live out of state, so even if we could find affordable ins. for us all, nothing would cover them but emergencies.

So, because he is required to pay and cannot, if she finds ins. she has to pay for, he would have to pay her back for the kids portion of it. (I would think you would want to try this angle for sure, Rye!)

Also he pays 50% of anything not covered, after the custodial parent pays the first 100 per year per child(per state guideline)

Another thing added to his papers was any parent taking a child out of network would be responible for the total bill.

I learned what I know because my husband was presented a few years ago with 8000 in unpaid! medical bills on his kids, and had to fight to get her to pay her share.....

 

[CMSC]

Holy crap! I hope they don't count that out of network thing here. EVERYTHING is out of network according to our insurance! We live out in the boonies and the closest in network doctor is almost 3 1/2 hours away.

Haiku, you know I am just stalking you and was hoping you would post!LOL

 

[Rldunc]

RyRy's Mom,
In Florida, the medical insurance is part of child support, the parents split it the same way support is split, the parent paying the medical premiums gets a credit and the other parent pays the difference above CS. If he is supposed to insure the kids, and he's not, then he's in contempt. I've always carried the medical ins and she pays me 48% of the children's portion. I'm also trying to get 50% of the medical bills, unpaid since 7-98, the judge ruled against her and now she's appealing. She says she has no money and the braces were a luxury. She just bought an 02 Honda brand new in Aug, and spent $4K on liposuction on her thighs in Feb. She went from 110 lbs to 100 lbs, but won't pay $1107 towards her daughter's braces. She says she had no knowledge of the braces, despite the fact that I mailed her bills and every time she saw our daughter since 96, she's been in braces. What's funny and sad is that it's costing her more to fight it than just pay it, I blame her attorney for that. Court again on Jan 10, I'm gonna have a field day. I need to get the liposuction and new car on the record, she will definitely lie about the liposuction. My questions will go, "Have you seen a doctor this year? Have you had surgery this year? Have you had elective surgery this year? Did you have liposuction on your thighs costing $4000 on Feb 5, 2002?" Her answers will probably be "No, No, No, No!" Then I make an oral motion for a finding of perjury. The expense is right in a bank statement included with her financial affidavit of May 02. It's almost not fair that I get to have so much fun. I also have the original contract for ortho work that she signed in May 96, that she denied signing. And the ortho place is sending me the original diagnosis showing how bad my daughter's teeth were. I'd say she's facing an uphill battle.

Why wouldn't you go to family court for the medical expenses? Is smallclaims quicker? Do they have jurisdiction? Can they order it attached to CS, here in Fl you would have to have a hearing and usually go through CSE to get medical attached to CS, it's hard to do that. For some reason they like to leave CS alone and not combine it with alimony, medical, etc. I'm not a lawyer, just been in court so much I wish I were one. Good luck!

 

[haiku]

you have really got to cut that out LOL!

Insurance ugh! it was especially bad when we lived in the boonies no doctors anywhere...

my husband has just been always good at pointing out the ridiculous. Like the ins issues. Why was he paying 800.00 a month for something we could not use? (the kids are ALL insured now, but so much cheaper because it is local...)And my favorite, when she asked for him to have this ridiculous million dollar ins. policy for the kids,(payable ot her of course-We FEARED for his life LOL) he countered with her having the same. Needless to say her idea died in the water!

I really feel for the custodial who has to sue fo rthe medical. Like getting blood from a stone, at least in our case we could minus it from support.

good luck to you all!

 

[CMSC]

RyRy's Mom,
In Florida, the medical insurance is part of child support, the parents split it the same way support is split, the parent paying the medical premiums gets a credit and the other parent pays the difference above CS. If he is supposed to insure the kids, and he's not, then he's in contempt. I've always carried the medical ins and she pays me 48% of the children's portion. I'm also trying to get 50% of the medical bills, unpaid since 7-98, the judge ruled against her and now she's appealing. She says she has no money and the braces were a luxury. She just bought an 02 Honda brand new in Aug, and spent $4K on liposuction on her thighs in Feb. She went from 110 lbs to 100 lbs, but won't pay $1107 towards her daughter's braces. She says she had no knowledge of the braces, despite the fact that I mailed her bills and every time she saw our daughter since 96, she's been in braces. What's funny and sad is that it's costing her more to fight it than just pay it, I blame her attorney for that. Court again on Jan 10, I'm gonna have a field day. I need to get the liposuction and new car on the record, she will definitely lie about the liposuction. My questions will go, "Have you seen a doctor this year? Have you had surgery this year? Have you had elective surgery this year? Did you have liposuction on your thighs costing $4000 on Feb 5, 2002?" Her answers will probably be "No, No, No, No!" Then I make an oral motion for a finding of perjury. The expense is right in a bank statement included with her financial affidavit of May 02. It's almost not fair that I get to have so much fun. I also have the original contract for ortho work that she signed in May 96, that she denied signing. And the ortho place is sending me the original diagnosis showing how bad my daughter's teeth were. I'd say she's facing an uphill battle.

Why wouldn't you go to family court for the medical expenses? Is smallclaims quicker? Do they have jurisdiction? Can they order it attached to CS, here in Fl you would have to have a hearing and usually go through CSE to get medical attached to CS, it's hard to do that. For some reason they like to leave CS alone and not combine it with alimony, medical, etc. I'm not a lawyer, just been in court so much I wish I were one. Good luck!

Well this is where the states differ. I was told I had to go to small claims and get a judgement and then CSE will help me enforce that judgement. If there was a set amount in my order for insurance, like if it said, "defendant pays $50/month in medical bills" then they would automatically take the $50/month out of his checks. It is a percentage and not a set amount so I have to take in all my medical bills from the time the order was set and get a judgement. I have to do this EVERY YEAR if I want my ex to pay!!!

As far as him not having insurance, it apparently isn't contempt because he hasn't been there long enough to get insurance. It says, "if available through the employer." I would just rather us carry the insurance, because we know it is paid every month, and then him reimburse for the premiums.

His half that he owes right now is $600/medical and $300/premiums. I offered in July that he pay atleast $50/month but would like him to pay $100/month when possible. The bills just went up because my son had an allergic reaction to something and he had to go to the ER.

I think my only problem is that it was all ordered in July that he start the med. reimbursement BUT he apparently never got the revised court order that had it in there! I called him in August and asked if he was ever going to pay 1/2 of the bills and he said he didn't have to. I waited, like an idiot, for the clerks office to send him the new order and they never did. So in October I sent him a copy of the bills along with a letter stating he needed to pay half. I am just worried that since I didn't notify him of the bills every month and waited until october to sent them off to him that the judge will deny it all.

 

[Lil Miss Smarty Panties]

Million dollar insurance policy?? Payable to her?? LOL I would have feared for his life too!

Hmmm wonder if I could ask for that?!? I've decided I'm going to file thru court for child support next month. It's gonna hit the fan and hard. Y'all should prepare yourselves now LOL

 

[haiku]

Go for it!! (Haiku ducks for cover....lol)