medical copays

[shockergeek]

What is the name of your state (only U.S. law)? Ohio
In my divorce decree it states that's we are to split any out of pocket medical costs, ie. Copays. I know I have to pay half, but my question is, ex wife is the custodial parent and she has taken my daughter to the dr. and then she would give me a copy of the bill and reciept then I would repay her. No problems. Now she has taken her twice recently and she mailed me the original bill with a note saying she paid half and gives me her check number and amount paid. It strikes me odd that she is doing this now, as she is mad because I filed paperwork for an administrative review of child support. I was under the impression she was supposed to pay the copay in full when she takes the kids to dr and then I reimburse her...and vice versa for me. Im thinking I should send the bill along with a money order made out to her for half of the copay back to her and let her submit that to the dr, or should I just pay the half of copay to the dr? I just don't want to do something wrong and her get me in a legal bind.

 

[OHRoadwarrior]

You are required to pay 1/2 of out of pocket. Her giving you a check number is not proof of payment, nor a provider statement.
I would send her 1/2 of 2 co-pays, unless she cares to show the bill from the doctor.

 

[2Mistakes]

What does your order specifically state regarding payments for medical expenses?

For example, my ex and I split any uncovered medical expenses 50/50. My order states that whichever parent takes kiddo to the doctor pays the doctor at the time of service. Then the parent who paid the doctor has to furnish proof (we specified that this could be a receipt or copy of the cancelled check) within 30 days of the date of service. The other parent then has 30 days to reimburse 1/2 to the parent who initially paid the expense.

Does your order specify the procedure for payment of medical expenses? Or does it just say you each have to pay 1/2?

 

[2Mistakes]

You are required to pay 1/2 of out of pocket. Her giving you a check number is not proof of payment, nor a provider statement.
I would send her 1/2 of 2 co-pays, unless she cares to show the bill from the doctor.

Agreed. Providing just a check # proves nothing. Neither does a provider statement. OP should receive proof of actual payment.

 

[shockergeek]

Order just says we each pay half. Should I send her my half of the copay by check or money order or cashiers check. I honestly do not want her to have access to my checking account number as I do not trust her. Also when I send her the payment, should I send it certified mail with signature confirmation, that way I ha e proof she received it. Another question, what if she mails the payment and statement back to me, what are my options then.?

 

[2Mistakes]

Order just says we each pay half. Should I send her my half of the copay by check or money order or cashiers check. I honestly do not want her to have access to my checking account number as I do not trust her. Also when I send her the payment, should I send it certified mail with signature confirmation, that way I ha e proof she received it. Another question, what if she mails the payment and statement back to me, what are my options then.?

Have you ever written her a check before? If so, she already has your account #. Or you could open a seperate account that you use only to make payments to her.

It's up to you if you send it certified. It won't really help, though. All that would prove is that you mailed her an envelope. She could say you sent her an empty envelope. Mailing it certified doesn't prove WHAT you sent.

If she mails it back to you, keep it, including the envelope.

 

[shockergeek]

Yes I had sent her a check before, but I changed banks because she got info on a car loan I got. What happened was she has a loan for a camper that is still in both our names because she can't get it refinanced into her name. When I got my car loan they automatically tied all the loan info to the camper loan. So when she went online to check the loan on the camper, she had all my info on the car I purhased. Least to say I was not happy and I contacted the bank got it all straightened out and closed my account there.
I have started a journal since she started mailing me the statements.
Also I should ask for more proof of payment, ie cancelled check or a reciept from the dr she paid.
I know she has been taking them to the dr because I carry the insurance on the kids and I get the statements from my ins company. Of course they say what they parts d and that I may be billed by x dr. The bill she provided this time has my daughters name as the patient, then has her name and address listed. My name or address is no where on the statement.

 

[2Mistakes]

I wouldn't go to court over this specific issue, but if ya'll end up in court for other stuff, have medical reimbursments specified better. Then there is no question. It's too vague to just say each pays 1/2.

I wouldn't send a money order. I think (but could be wrong) that that is like sending cash.

 

[shockergeek]

Ok I could see that point. So I think im just gonna send her a cashiers check. Once I get more proof. She works for an attorney, and I can almost gurantee that her response to me asking for actual proof she paid her part of the copay "chris said all I have to provide you is the date, amount and check number" That is normally her answer.

 

[2Mistakes]

Rule #1 - NEVER take legal advice from your ex/ex's attorney/ex's boss-attorney.

Just telling you a date, amount, and check # is NOT proof of actual payment.

Here's another idea: can you contact the dr. office directly and find out what has been paid? What kind of custody do you have? Is it joint legal?

 

[shockergeek]

I should be able to contact them, but im not sure they will give me any info cause my name is not listed anywhere on the statement.
Yes I learned that rule the hard way, to the tune of $2000 a month.
As far as custody, im not sure what its called. She is the custodial parent and I get standard visitation. Plus any extra visitation we agree upon.
I know I get to claim my oldest daughter on my taxes. That was court ordered and ex wife already filled out all the paperwork for the IRS.
But my decree doesn't state we have joint custody or whatever, that I know of.

 

[mistoffolees]

I should be able to contact them, but im not sure they will give me any info cause my name is not listed anywhere on the statement.
Yes I learned that rule the hard way, to the tune of $2000 a month.
As far as custody, im not sure what its called. She is the custodial parent and I get standard visitation. Plus any extra visitation we agree upon.
I know I get to claim my oldest daughter on my taxes. That was court ordered and ex wife already filled out all the paperwork for the IRS.
But my decree doesn't state we have joint custody or whatever, that I know of.

First thing - find out exactly what your rights are. Find you divorce decree and read it until you understand it. If you have questions, post them here.

Next, if it were me, I'd simply send the check for my 1/2 to the doctor's office. If ex already paid the full amount, then they'll refund the balance or credit it to her account.

Once you have the decree, odds are good that it says 'joint legal custody', in which case you can send a copy to the doctor and ask for a copy of the records.

 

[TheGeekess]

Even without Joint Legal, OP should have access to medical/educational records, barring a restraining order.

(I'm looking up code right now to support this....

Or mayhaps OG will tell me if I'm wrong or not.)

 

[shockergeek]

Yes the papers say that I have a right to all medical and school records for the kids.
This is what is says word for word.
Custody: the wife shall act as the residential parent and legal custodian regarding the care, custody, and control of said minor children. The husband shall enjoy standard visitation pursuant to the meigs county common pleas court visitation guidlines, a copy of which each party acknowledges receiving along with such other and further liberal visitation as the parties agree upon. However, in the event husband is not able to exercise his visitation, he shall notify the wife as soon as practicable and she shall assume responsibility for the said children.

Child records: husband and wife shall be entitled to equal access to the childs school activities, schedule and records under the same district, and to be fully informed of any student activity that is related to the said children and to which the natural parents of the said children are legally provided access.

Medical expenses: husband shall maintain major medical insurance for the minor children. The amount of medical care not covered by insurance, includinging medical, dental, orthodontic and ophthalmic expenses plus any insurance premium which is required to be paid out of pocket by either party, shall be divided and shared equally by and between the parties.

 

[mistoffolees]

Yes the papers say that I have a right to all medical and school records for the kids.
This is what is says word for word.
Custody: the wife shall act as the residential parent and legal custodian regarding the care, custody, and control of said minor children. The husband shall enjoy standard visitation pursuant to the meigs county common pleas court visitation guidlines, a copy of which each party acknowledges receiving along with such other and further liberal visitation as the parties agree upon. However, in the event husband is not able to exercise his visitation, he shall notify the wife as soon as practicable and she shall assume responsibility for the said children.

Child records: husband and wife shall be entitled to equal access to the childs school activities, schedule and records under the same district, and to be fully informed of any student activity that is related to the said children and to which the natural parents of the said children are legally provided access.

Medical expenses: husband shall maintain major medical insurance for the minor children. The amount of medical care not covered by insurance, includinging medical, dental, orthodontic and ophthalmic expenses plus any insurance premium which is required to be paid out of pocket by either party, shall be divided and shared equally by and between the parties.

Maybe I'm missing something, but I don't see where that says you're entitled to medical records.

Of course, Geekess may be right and it may be required by law, but it's certainly not covered by your decree.