What is the name of your state (only U.S. law)? Arkansas
I am the biological mother. I have always carried health insurance for my twelve-year-old daughter even though our court order states,
"That Defendant is ordered to provide and maintain health care insurance for the benefit of the minor child through his employer, or if unavailable through his employer, any other group plans available at a reasonable cost."
and
"That pursuance to A. C. A. Sect. 9-14-501 et seq. and upon the completion of any enrollment requirements, Defendant's present and/or future employer is directed to deduct from money, income, or periodic earnings due the Defendant an amount which is sufficient to provide for premiums for health care coverage for the minor child/ren listed herein offered by the employer."
That order is from 2003. I have always requested that my daughter's biological father reimburse me for half of her medical bills (this is after my insurance has paid their portion, he refuses to pay half of the full amount even though I pay for the monthly cost to insure our daughter), although, now I can't locate an order specifically stating that he has to pay for half of the medical expenses (we have LOTS of legal paperwork as he has taken me to court repeatedly over the past twelve years). I was, however, awarded half of all of my daughter's medical expenses (I showed bills and receipts) after one of our hearings in 2010 and the order from that hearing states,
"That there are medical expenses that Father owes in the amount of 974.73. Defendant shall reimburse that amount to Mother within the next 120 days from the signing of this agreed order. The parties in the future shall follow the 30/30 rule. The party receiving the bill shall have 30 days from receiving it to inform and provide a copy of said bill to the other parent, and the receiving parent shall have 30 days from receiving the bill to make arrangements for payment of the bill. Both parents shall take all reasonable actions to insure that the child have continued access to health care providers."
Now, I have a lot of my daughter's medical bills piled up again (about $2,000 total after my insurance benefits are applied) and he is refusing to pay his half of them (the oldest bill dates back to October 2013, I've sent him copies of each one as I've received them). Would it be wise for me to make a motion to modify the support order to include a specific amount? Or go to small claims court? I'm leaning towards small claims court as I cannot afford a lawyer at the moment, but am worried as I do not have a specific order stating that he must pay half of the medical expenses. Also, should he receive the benefit of the insurance that I pay for? I've always let him, since I was happy that he was paying half, but am not sure what is normal/standard.
He currently has a felony charges against him and is going to trial in August, so I'd like to do something as quickly as possible (although I know that is usually not the case when it comes to court) aside from constantly reminding him that his "portion" of the bills are still unpaid.
Thanks for any help/insight!
I am the biological mother. I have always carried health insurance for my twelve-year-old daughter even though our court order states,
"That Defendant is ordered to provide and maintain health care insurance for the benefit of the minor child through his employer, or if unavailable through his employer, any other group plans available at a reasonable cost."
and
"That pursuance to A. C. A. Sect. 9-14-501 et seq. and upon the completion of any enrollment requirements, Defendant's present and/or future employer is directed to deduct from money, income, or periodic earnings due the Defendant an amount which is sufficient to provide for premiums for health care coverage for the minor child/ren listed herein offered by the employer."
That order is from 2003. I have always requested that my daughter's biological father reimburse me for half of her medical bills (this is after my insurance has paid their portion, he refuses to pay half of the full amount even though I pay for the monthly cost to insure our daughter), although, now I can't locate an order specifically stating that he has to pay for half of the medical expenses (we have LOTS of legal paperwork as he has taken me to court repeatedly over the past twelve years). I was, however, awarded half of all of my daughter's medical expenses (I showed bills and receipts) after one of our hearings in 2010 and the order from that hearing states,
"That there are medical expenses that Father owes in the amount of 974.73. Defendant shall reimburse that amount to Mother within the next 120 days from the signing of this agreed order. The parties in the future shall follow the 30/30 rule. The party receiving the bill shall have 30 days from receiving it to inform and provide a copy of said bill to the other parent, and the receiving parent shall have 30 days from receiving the bill to make arrangements for payment of the bill. Both parents shall take all reasonable actions to insure that the child have continued access to health care providers."
Now, I have a lot of my daughter's medical bills piled up again (about $2,000 total after my insurance benefits are applied) and he is refusing to pay his half of them (the oldest bill dates back to October 2013, I've sent him copies of each one as I've received them). Would it be wise for me to make a motion to modify the support order to include a specific amount? Or go to small claims court? I'm leaning towards small claims court as I cannot afford a lawyer at the moment, but am worried as I do not have a specific order stating that he must pay half of the medical expenses. Also, should he receive the benefit of the insurance that I pay for? I've always let him, since I was happy that he was paying half, but am not sure what is normal/standard.
He currently has a felony charges against him and is going to trial in August, so I'd like to do something as quickly as possible (although I know that is usually not the case when it comes to court) aside from constantly reminding him that his "portion" of the bills are still unpaid.
Thanks for any help/insight!