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Medical Expenses.

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Lilmansfather

Junior Member
What is the name of your state (only U.S. law)? I live in Florida and recently went through mediation with my ex regarding our son. In the court order it is written "Regarding medical expenses- as of today father shall be responsible for the first $50 of out of pocket medical bills. Any bills over $50 shall be split 50/50." Our mediation ran over and we never really got into detail about this part. Before the order was written, she submitted the bills to me quarterly.
But recently my son has been going to the doctor more and she is stating that I have to pay the first $50 of every single out of pocket expense. He has been to the doctor over 7 times in the last month. She is asking me to pay the entire amount of all these bills. I was under the impression that I paid the first $50 quarterly as before and then 50/50 for any over $50. The court order is a little unclear. I guess my question is based on the written order, what does this mean?
 


justalayman

Senior Member
"Regarding medical expenses- as of today father shall be responsible for the first $50 of out of pocket medical bills. Any bills over $50 shall be split 50/50."

In your reading, if she submitted the bills to you semi-annually, you would be liable for the first $50 with the remainder being split. If she submitted bills to you annually, you would be liable for the first $50 with the remainder split.

Following that thought, if she submitted bills to you as they are received, you would be liable for the first $50 of each bill and the remainder split. Would that make you happy because it surely would comply with the rule as you wish to apply it.

I read it as applying to an individual bill, not the accumulation of bills over some period of time.

You do have the advantage of your understanding of the reading if she has accepted $50 per submittal of a quarterly accumulation of medical bills. That would show it was also her understanding of the order as well.




Personally I believe neither interpretation is how things should be. I doubt the court considered the situation where he had to see s doctor multiple times in a month with each visit costing you $50 with the other parent apparently paying nothing. Just the same, I do not believe it would mean that if she submitted bills to you annually, you would be liable for only $50 with the remainder split.

What needs to happen, if the two of you cannot agree to what the order meant, is you will have to ask the court to address the issue.
 
Very often, bills are to be submitted to the other parent w/in 30 days of receipt (providers kind of expect to be paid promptly). I suspect that your ex has been paying the bills herself, then submitting them to you for reimbursement. As I read the order, you are responsible for the first $50 of each bill.Not an aggregation of several months' bills.
 

Ohiogal

Queen Bee
I would argue that he is responsible for the first $50 per year of out of pocket medical bills and above that $50 everything is split equally.
 

justalayman

Senior Member
I would argue that he is responsible for the first $50 per year of out of pocket medical bills and above that $50 everything is split equally.
why?


why would an annual accounting be any more proper than a per incident or a lifetime accounting?
 

Ohiogal

Queen Bee
why?


why would an annual accounting be any more proper than a per incident or a lifetime accounting?
State law normally calls for a calendar year accounting. Since the order is unclear, defaulting to how the statute defines out of pocket medical expenses makes the most sense.
 

justalayman

Senior Member
State law normally calls for a calendar year accounting. Since the order is unclear, defaulting to how the statute defines out of pocket medical expenses makes the most sense.
makes sense and due to that explanation, I would have to concede to your position and alter mine to agree with you.
 

mistoffolees

Senior Member
State law normally calls for a calendar year accounting. Since the order is unclear, defaulting to how the statute defines out of pocket medical expenses makes the most sense.
Really lousy wording in the order. If it wasn't for that comment, I'd have read the order to imply that he was responsible for the first $50 of EACH bill, regardless of whether it was submitted to him one at a time or in a stack 2 feet high. But if the statute defines it that way, he probably lucked out.
 

Ohiogal

Queen Bee
Really lousy wording in the order. If it wasn't for that comment, I'd have read the order to imply that he was responsible for the first $50 of EACH bill, regardless of whether it was submitted to him one at a time or in a stack 2 feet high. But if the statute defines it that way, he probably lucked out.
I am trying to find the exact wording in the statute. But Florida statutes are NOT the easiest to find things in. BLAH. I'll try some more tomorrow. Time for bed right now.
 

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