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medical co-pays and bills

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schroedingercat

Junior Member
My state: Florida

Hi! I share joint custody (or whatever the term is now) with my ex husband in florida over my son with special needs.

We share 50/50% responsibility for all medical costs paid. I pay all the bills until I can show they are zero balance, and then send them to the Ex husband for reimbursement. He sometimes pays them months later, and this year hasn't paid any, leaving me in for over $250.

We aren't allowed to go back to court for modification of anything in the decree without first exhausting the use of a mediator, but that costs money!

Is there any way I can collect my money without spending any of my own?
 


CSO286

Senior Member
My state: Florida

Hi! I share joint custody (or whatever the term is now) with my ex husband in florida over my son with special needs.

We share 50/50% responsibility for all medical costs paid. I pay all the bills until I can show they are zero balance, and then send them to the Ex husband for reimbursement. He sometimes pays them months later, and this year hasn't paid any, leaving me in for over $250.

We aren't allowed to go back to court for modification of anything in the decree without first exhausting the use of a mediator, but that costs money!

Is there any way I can collect my money without spending any of my own?
If your order is enforced by the Florida DOR, they will do it for you, but first you must:

Collect Medical Expenses Not Covered by Insurance
If you are owed child support and you have paid medical expenses for the child, you should read your support order. If your support order says the parent ordered to pay support must pay all or part of the child’s medical expenses not covered by insurance, that parent may be required to pay you back for some of those expenses.

Before our office can help you collect that money, you must ask the other parent to pay directly to you what they owe for the medical expenses you have paid.

When asking the other parent for their part of the medical expenses, you should follow the instructions in your support order.

If your support order does not give instructions, you may want to include the following in your written request to the other parent:

◦The date you are making the request
◦The name of the child who received the medical service
◦The name of the doctor or medical provider
◦The type of medical service received
◦The date the medical service was received
◦The amount you paid for the service
◦The amount the other parent owes you for their part of the medical expense
◦The date by which the other parent should pay you
If your support order does not say how much time to wait for payment, you may want to give the other parent 30 days from the date you give them your request.

You may also want to give the other parent copies of the medical bills and the proof that you paid them.

Keep a copy of your written request and all attachments for yourself. If the other parent does not pay you their part of the medical expenses and you want our help collecting, we will need a copy of everything you sent to the other parent.
FL Dept Rev - Enforcement of Child Support Orders


And then they will obtain a judment for the uncovered expenses. You can also obtain the judgment yourself, but I was unable to find a link to the forms necessary to do so. Court admin should be able to tell you what you need to file, but they cannot help you fill out the paperwork. Check your local courthouse or law library for a self-help center.
And to avoid excess out of pocket costs, you can ask for a fee waiver when filing your own paperwork.
 

schroedingercat

Junior Member
this will be interesting. i was trying to find the original wording because that would be helpful to provide! We lived in Arkansas when we filed and now we live in florida. We went for modification of custody (to give me more time) and the parenting plan/modification don't mention the medical bills, only the original Arkansas decree does.

The original decree says:

"It is therefore ordered, adjudged, and decreed defendant, (me) shall maintain, at her sole cost and expense, medical and health insurance coverage in the form of ArKids (Changed to united healthcare per current PP/Modification) and shall pay one half of the health care expenses not paid by insurance and incurred by or on behalf of the parties' child, including, without limitation, the yearly deductable and medical, prescription drug, psychiatric, psychological, dental, eye care, opthomological, and orthodontic charges for as long as child support is payable under terms of this decree. Plaintiff, Ex-Husband, shall pay one-half of the health care expenses not paid by insurance and incurred by or on behalf of the parties' child, including, without limitation, the yearly deductable and medical, prescription drug, psychiatric, psychological, dental, eye care, opthomological, and orthodontic charges for as long as child support is payable under terms of this decree."

Here is the kicker: neither of us pay child support to each other (by decree). So does that mean he technically can claim he isn't responsible?

oh yes, I gave him the first bill showing I paid it down to $0 in march, and the other 2 showing I paid them down to $0 in june.

sorry if this isn't making sense, i have a hard time typing due to nerve compression in my elbow (ouch) and a 9 month old who likes to "help". :D
 
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