Do I stand a chance of being reimbursed for past medical expenses?

[TxMsLady]

What is the name of your state? TX

OK...I had a Child Modification court the end of January, due to my ex not having medical insurance (never has) for the kids, so the Decree needed to be modified saying that they are on my husband's Health Insurance.

EXACTLY what I thought would happen did. He's always job hopped, but REALLY did big time last year, being unemployed over 1/2 the year. The $1600 that he did pay me to reimburse me some years ago (then stopped) was agreed to be paid back to me (since the Atty. Gen. office gave him credit for that amount). He has convinced the judge that due to his dyslexia, he can no longer hold a Auto CAD Draftsman job or find any other job other than being a church custodian (he lives just 30 min. from Austin!)...and his payments were reduced. The judge felt SO sorry for him...and went into the song and tap dance of a friend that he has that also has dyslexia.

This gets complicated. Of our 3 children, I only have the youngest, 15 yrs., at home now. The middle one (20 yrs) is in the Army, however my oldest, (22 yrs) is mentally disabled. She does live in an apartment (as of July of 2005), but my husband and I TOTALLY subsidize her living. We're trying to give her space (we needed it too!), and trying to help her to become self-sufficient in time. She currently is going to college, but through a Vocational Rehab. Program due to her mental illness. The deal was, for her to devote her complete attention to her studies (there's no way she can work and go to school...she can't hold down a full time job even WITHOUT school at this point), and we'd maintain her in an apartment. Once she gets through school, we feel she'll be able to find a job with an Assistant Therapist degree. As of now, she has extremely poor social skills (paranoia), has problems counting money, and her nerves gets frayed by small children, so finding any type of employment in this small town is next to none. I will say that she is a go-getter and is not lazy. She's tried her best to find work, and has worked in a child daycare, a bank (but had to be let go), and when she applies herself, she is a straight A kid. She's smart, but with Depression and a Bipolar disorder, she truly struggles.

The week prior to the court, the Atty. Gen. Office told me to bring proof of her disability to the court. I did and the judge threw a fit since my ex hadn't seen the Dr's. letter. I told him that I was TOLD to bring it and he said "By WHO??!!". I told him the Atty. Gen. office. I honestly felt like I was treated like crap! It shocked me! My ex acted like he had NO idea that his daughter had this problem, when in fact, I had told him in 2001 prior to her graduating since she needed a change of scenery and wanted to visit her father in Austin. He told me he'd "have to pray about it". We never heard back from him again, and I can't tell you what this did to her in the way of feeling rejected. Anyways....He DID know!! I informed the judge of that. The judge told me "Give the guy a break!!"...then my ex hissed "Yes...PLEASE!!"....I was so upset after I left from there! That judge has no clue how lazy my ex is, and what a liar he is. My daughter asked when I got home how the court went and I told her that her dad said he "didn't know" about her condition. She looked so disappointed and said, "Mom...I told him myself that I was receiving psychiatric counseling and I was on meds...in fact, we went and sat in the car to talk about it last year!".

The judge rescheduled another court date for April or May until I could provide more up-to-date "proof" (which I have), that our daughter is mentally disabled. (For someone who was SO concerned, her dad hasn't called her at all after the hearing). I'm so sorry this was so very long...but just needed to explain this before I asked this question...what are my chances of being reimbursed for all the medical expenses that came out of my pocket since we've been divorced? We divorced in 1995...I, however, have been the one to always provide health insurance and any medical bills. I've never submitted a copy of any medical bill to my ex. (I didn't know that I could!). The judge rolled his eyes and shrugged his shoulders like "Oh well...that's YOUR problem!". Now that I KNOW...the Assitant Atty. Gen. who was present at the hearing told me to gather medical receipts over the years that I have paid. Is there a statute of limitations on submitting these to my ex?

I wish that we had it in our budget to hire an atty...but we honestly can't at this point. Any words of wisdom would be appreciated. I hope I didn't totally confuse you or rattle too much irrevalent info.

Thank you for your time.What is the name of your state?What is the name of your state?

 

[Ohiogal]

Couple of questions:

What does your parenting plan state about reimbursement of medical expenses?
How did you expect your ex to know he owed you money and how much money he owed for his portion?
How old are some of these bills?

 

[TxMsLady]

The Divorce Decree states that he was to provide Medical Health Care coverage and pay 1/2 of out of pocket medical bills (copays, deductibles, out of pocket expenses not covered by insurance). I didn't present him with the bills...I didn't know I could. Once I learned that I could (after I applied for services with the Atty. General's office), the office never provided me with the information regarding it, though I had requested it numerous times. The Assist. Atty. Gen. acknowledged that they messed up in that area, apologized, and told me to gather this information up on past medical bills.

He never provided healthcare coverage...always denied having it. He did verbally agree to help in paying for health coverage back in 1998...but after 16 months, he refused to help and stopped paying for insurance premiums that was provided by my employer. He did good to even pay child support. Why waste postage on mailing copies of bills that he had no intention of paying? (I guess that was my way of thinking...and I'm right...I'd be out 11 yrs of postage as well.) Bills go back to 1995 as stated in initial post.

 

[nicetryadmin]

The Divorce Decree states that he was to provide Medical Health Care coverage and pay 1/2 of out of pocket medical bills (copays, deductibles, out of pocket expenses not covered by insurance). I didn't present him with the bills...I didn't know I could.

This is the second time you've said that you didn't know you could. What do you mean by this? How did you think he'd find out about what is owed after any insurance?

When he didn't have insurance, was a modification ever done to reflect that in child support?

Once I learned that I could (after I applied for services with the Atty. General's office), the office never provided me with the information regarding it, though I had requested it numerous times. The Assist. Atty. Gen. acknowledged that they messed up in that area, apologized, and told me to gather this information up on past medical bills.

It doesn't really matter what the Asst AG says. They are not the Judge. I would find it hard to believe a Judge will have someone reimburse someone for 11 years of bills when you did NOT send them. It's not that he refused to pay them...he didn't know about them. I would also believe a Judge will be hard-pressed to believe the "I didn't know I could" reasoning.

How did the AG's office screw-up exactly anyway?

He never provided healthcare coverage...always denied having it. He did verbally agree to help in paying for health coverage back in 1998...but after 16 months, he refused to help and stopped paying for insurance premiums that was provided by my employer.

If it's not in the divorce decree/court order, then he is not legally obligated to do anything. Verbal agreements mean nothing.

Why waste postage on mailing copies of bills that he had no intention of paying? (I guess that was my way of thinking...and I'm right...I'd be out 11 yrs of postage as well.) Bills go back to 1995 as stated in initial post.

If it's in the court order that he MUST pay. If he refuses, then there is legal recourse (show cause for contempt). But again, you clearly admitted you did not send them. If I were you, I'd be prepared to eat most, if not all, of the costs.

 

[ceara19]

You will probably only be able to collect on the past 3-6 months of the medical bills, since you never submitted them before. If he was ordered to pay for the insurance and didn't, in Texas, he is responsible for 100% of the costs. Normally, I have no idea where my ex is or how to send the bills to him, but I do send the to the District Clerks office and the OAG (since they have taken over the case) within the appropriate amount of time as stated in my CO. If I ever do bring him back to court over this, I have proof that the bills were submitted to the District Clerk, who in return has proof that they attempted to forward the to him, but his address was not current in their system (which he was ordered to update within 7 days of moving or changing jobs).

 

[TxMsLady]

Ceara19,

Thank you so much for responding without disecting and wanting to chop me to pieces. I realize that I've been ignorant over the years on this stuff. I did the divorce myself. As long as he paid his support through the Dist. Clerk's office, I was happy with that. I didn't carry my divorce decree around studying and memorizing it. My bad I suppose. Like your ex, he was always moving...job hopping...and never once notified me of any changes or moves.

I guess I was being "too nice" over the years. I knew the Decree said that he was to provide medical ins., but from the beginning I've carried it. (I've never taken him to court because he is a violent man...I divorced him for that reason). I just didn't want the headaches or fear of watching over my shoulder. And I wouldn't have gone to court this time had the OAG not required it to modify the decree saying WE were paying for health insurance.

I honestly didn't know that it was worded that he should pay 1/2 of unpaid medical expenses until I applied for services with the OAG office in the Fall of 2004. Once told that, I asked how I was to go about requesting that he does...they kept dropping the ball on instructing me of how...mail it to them...to him...??? OK...now I know!

I appreciate your input on the 3-6 months worth of medical bills...I will copy only that to mail to him. In my original post, I did ask what the statute of time limitation was on that. Thank you for being kind in answering that. The judge didn't even blink an eye at him not providing medical coverage all these years! Nor mention reimbursement for it. My ex WAS told how much I paid for health insurance in '98.....thus the reason he paid $100 extra to me each month for 16 months. AND...apparently some verbal agreements DO stand up, or the judge wouldn't have ordered him to repay that amount back to me! SO....I'm not understanding why the judge only stops there...no reimbursement of ins. payments prior to that time, or after!?


Thanks again.

 

[ceara19]

You can ASK that the court go back farther on the bills and the judge CAN order him to pay them, but 90 day is normally tops. My decree says I have 60 days to submit and the ex has 30 days to pay after they are submitted. Even when you send the bills to him, be sure to send another copy to the District clerk AND the AOG to cover YOUR butt. You can also submit the amount the insurance costs to cover the child. For that an order can and should be issued to garnish that amount from dad each month in addition to the CS, since it is a set amount each month. The insurance reimbursement isn't the same as the bills for the uncovered costs. He can be ordered to pay for all of those costs, regardless of how long ago they were incurred.

I've always submitted the bills and insurance costs directly to the court once a month. I don't actually see the money, but since I am the one paying for the insurance and he is not reimbursing me for the cost, he is technically responsible for 100% of the uncovered costs. The record of the bills are on file for when and IF I ever decide to try and collect the money. At this point, I figure it's pretty much a waste of my time and money to go after it since he won't even pay the child support as ordered.

 

[nicetryadmin]

Ceara19,

Thank you so much for responding without disecting and wanting to chop me to pieces.

Oh save us your whiney bull crap!

I noticed how you failed to answer the questions that were posed to you. This isn't a freaking support forum. Geez.

 

[TxMsLady]

No one was whining *******....I simply didn't reply to you because I didn't want to tell you EXACTLY what I think of your rude behavior and your "wannabe" legal expertise. Now that you had the gall to be rude yet AGAIN....I have no problem calling you exactly what you are. I've probably accomplished more in my life than what you'll ever DREAM...you don't know DIP nor do you know people's heart and personality, so quit acting like the all knowing god (with a lower case "g") that you think you are. Get a life....and go duke it out with people who truly want to want to hear YOUR CRAP!

 

[nicetryadmin]

No one was whining *******....I simply didn't reply to you because I didn't want to tell you EXACTLY what I think of your rude behavior and your "wannabe" legal expertise. Now that you had the gall to be rude yet AGAIN....I have no problem calling you exactly what you are. I've probably accomplished more in my life than what you'll ever DREAM...you don't know DIP nor do you know people's heart and personality, so quit acting like the all knowing god (with a lower case "g") that you think you are. Get a life....and go duke it out with people who truly want to want to hear YOUR CRAP!

Waahhh waaahh waahh. Again, this isn't a support forum. And please stop with this "I have accomplished more" bull****. It seems reading comprehension isn't one of your stronger skills since you aren't even aware what's in your order. Oh...maybe you "didn't know" you were supposed to read it, huh (Just like you "didn't know" you had to let the other parent know of the bills). If you can't deal with my tone, then that's too bad. Yeah, I am a jerk...what's your point?

You STILL failed to answer any questions that were posed to you by other posters.

Next time you expect group hugs, go to www.lifetimetv.com

 

[ceara19]

No one was whining *******....I simply didn't reply to you because I didn't want to tell you EXACTLY what I think of your rude behavior and your "wannabe" legal expertise. Now that you had the gall to be rude yet AGAIN....I have no problem calling you exactly what you are. I've probably accomplished more in my life than what you'll ever DREAM...you don't know DIP nor do you know people's heart and personality, so quit acting like the all knowing god (with a lower case "g") that you think you are. Get a life....and go duke it out with people who truly want to want to hear YOUR CRAP!

Don't bother trying to argue the point with him. It will only make matters worse. While he did ask some very valid questions, the answers to them wouldn't change the answers I have already given you. The Texas Family laws are SOOOO screwy, compared to most states. It's standard here for the NCP to pay for health insurance and the rules concerning the unpaid bills are completely different if the NCP is not providing or paying for the insurance.

The bottom line is, your ex IS responsible for any health insurance you have ever paid for, for the children. Now that the order has been modified to allow you to have the children covered by your new husband's insurance, the cost of the coverage for the NCP's children should be garnished from his check to reimburse your husband. If your CO doesn't have a specific time frame to submit unpaid bills, he should be held responsible for AT LEAST the past 90 days. Anything before that it at the judges discression. If the CO DOES have a specific time frame, that is what will be followed.

 

[TxMsLady]

Well...a self admitted jerk. You know, I've done many Social Security Disability claims on people like you with diagnoses of Bipolar, Intermittent Explosive DO, w/Grandiose NOS. You need help....bad. You sound to be in a Manic mode. Check out the NAMI website. Since you seem to know so much, I won't post it for you...go look it up. You seem to be quite the busy body and are plenty capable.

Incidently....word for word...my Divorce Decree states (and I'm typing this not for your benefit, but for those who seem to want to be helpful on this forum):

"As additional child support, IT IS ORDERED AND DECREED that Respondent, xxxx, shall, as long as child support is payable under the terms of this decree, maintain in full force and effect, at Respondent's sole cost and expense, medical and health insurance providing coverage for the children of the parties".

That's IT...NO specifics on bills...I've only been told the business of being able to be reimbursed 1/2 the amount since applying for OAG services. So, with it not being spelled out in details, such as I have so many days to submit medical bills to the ex etc...I had NO CLUE. That's all I had to go on. And it only spoke of medical insurance.

Again, thanks Ceara19 for your help, and to the rest of you who read ATTEMPTING to gain some form of knowledge from this site....good luck!

 

[TxMsLady]

Ceara19,

I know it would be plenty difficult to afford a lawyer at this time...and really not worth the expense if I can't win to be reimbursed for past medical insurance amounts, but if you feel we have a strong case to be reimbursed for it since 1995, it would be worth the expense. What are your thoughts on this? Strong case or not?

Also, my oldest daughter with a disability, is on my husband's insurance for that same reason...disability. Now...it cost $98 for the family plan...whether it's to have one or a dozen children on it, it's the same amount. The judge, however, HALVED the amount until I bring evidence of my daughter's disability to the next hearing! We say it should be $98 regardless. I dread standing before this same guy in a month or two. He kept looking to the Asst. Atty. Gen. asking her, "What's legal?"!! ACK!

 

[ceara19]

Ceara19,

I know it would be plenty difficult to afford a lawyer at this time...and really not worth the expense if I can't win to be reimbursed for past medical insurance amounts, but if you feel we have a strong case to be reimbursed for it since 1995, it would be worth the expense. What are your thoughts on this? Strong case or not?

Also, my oldest daughter with a disability, is on my husband's insurance for that same reason...disability. Now...it cost $98 for the family plan...whether it's to have one or a dozen children on it, it's the same amount. The judge, however, HALVED the amount until I bring evidence of my daughter's disability to the next hearing! We say it should be $98 regardless. I dread standing before this same guy in a month or two. He kept looking to the Asst. Atty. Gen. asking her, "What's legal?"!! ACK!

When the kids are covered under family insurance, the total premium is divided by the number of people covered then multiplied by the number of children covered by the order. So it should be 2/3 NOT 1/2. The OAG if legally bound to enforce medical orders as well as child support orders. Get all of your proof of payments for insurance over the years together AND the bills for uncovered medical expenses for the last 90 days and make an appointment with the OAG. Submit a copy of all to information to the caseworker personally and be very clear that you expect them to enforce the medical order. A private attorney is always the better choice, but if you can't afford one and have already qualified for assistance from the OAG, they HAVE to enforce the medical at your request. That's what they get paid for. You will need to stay on them and contact them every week or two to keep your case at the top of the pile, but the clock stops ticking on any time constraints as soon as you submit the bills and request enforcement of them.