PA Unreimbursed Medical Expenses

[difficult3]

What is the name of your state? PA and Missouri

Ok...my husband's divorce was weird. They were married and divorced in PA and child support was done in PA. However, his ex long since moved to Missouri with the kids and we are still fighting out a parenting plan.

We want to put in language in the parenting plan about how to handle medical expenses. Time frame for submitting receipts, etc. She has given us problems before, claiming we owed over $1000 when it was only $124. She had lousy records and kept dragging him back into PA court. Hence, we want the language. We also don't want her stockpiling medical bills. PA support court said that language should be handled in the Missouri parenting plan. Our Missouri lawyer keeps questioning why that isn't handled through support.

Any advice? His ex keeps refusing it and we can only assume it's for the very reason we want it in!

So...what can we tell our Missouri lawyer?

 

[SingleMom67]

What is the name of your state? PA and Missouri

Ok...my husband's divorce was weird. They were married and divorced in PA and child support was done in PA. However, his ex long since moved to Missouri with the kids and we are still fighting out a parenting plan.

We want to put in language in the parenting plan about how to handle medical expenses. Time frame for submitting receipts, etc. She has given us problems before, claiming we owed over $1000 when it was only $124. She had lousy records and kept dragging him back into PA court. Hence, we want the language. We also don't want her stockpiling medical bills. PA support court said that language should be handled in the Missouri parenting plan. Our Missouri lawyer keeps questioning why that isn't handled through support.

Any advice? His ex keeps refusing it and we can only assume it's for the very reason we want it in!

So...what can we tell our Missouri lawyer?

It should be in the PA child support order because enforcement would be through DR (Domestic Relations). Medical insurance (and who's responsible for providing it) is also on the PA order. Thus any out of pocket expenses should follow. Think of it this way - money issues=PA; custody/visitation issues=MO.

 

[difficult3]

But when my husband last went to court to file a modification, they said that language should be handled in the Missouri parenting agreement. So if PA won't put it in a support order, what are we to do? I've only ever seen medical expense language in a parenting agreement. Every time someone asks about handling medical expenses...I always seem to see the response, "What does your parenting agreement say?"

What can we do?

 

[SingleMom67]

But when my husband last went to court to file a modification, they said that language should be handled in the Missouri parenting agreement. So if PA won't put it in a support order, what are we to do? I've only ever seen medical expense language in a parenting agreement. Every time someone asks about handling medical expenses...I always seem to see the response, "What does your parenting agreement say?"

What can we do?

Who told him they can't put it in the child support order? Someone in PA? Doubtful. He needs to file for a modification of the existing child support order. Here's the statute:

Pennsylvania Consolidated Statutes
DOMESTIC RELATIONS (TITLE 23)
CHAPTER 43 - SUPPORT MATTERS GENERALLY
§4326. Mandatory inclusion of child medical support.
**************(e) Uninsured expenses.--The court shall determine the amount of any deductible and copayments which each parent shall pay. In addition, the court may require that either parent or both parents pay a designated percentage of the reasonable and necessary uncovered health care expenses of the parties' children, including birth-related expenses incurred prior to the filing of the complaint. Upon request of the domestic relations section, the department shall provide to the domestic relations section all birth-related expenses which the department has incurred in cases it has referred to the domestic relations section for child support services......

 

[difficult3]

Maybe I wasn't clear. The percentage was determined in the court order but not how payment shall be handled. We want language that gives a timeframe for bills to be submitted and for them to be paid. (It benefits both of us) We also want the documentation for the bills to be clearly defined.

She caused such a problem in PA court with this before. She submitted half bills, repeat bills, miscelaneous strange receipts that couldn't even be sorted out by the court. Yet, she dragged my husband into court for contempt twice on it. We just couldn't determine how much was owed based on her paperwork. It started at over $1000 dollars based on what she said. Ended up being a little over $100. We don't want this to happen again and there is some disagreement as to where that language goes. My husband is responsible for 70% and if she is currently stockpiling medical bills like we suspect...this could be a HUGE finanical problem. Not to mention the fact, that if she is keeping paperwork the way she used to, we can expect going back to court several times over this.

 

[SingleMom67]

Maybe I'm not making MYSELF clear. Jurisdiction for ALL medical coverage and payment issues would be in PA in this case. If the ex has already raised this as a problem several times in the PA court system, why wouldn't you want PA's order to be clear on how unreimbursed claims are to be handled, submitted, repaid, timeframe for repayment, etc.???????

 

[difficult3]

That is exactly what I want but when my husband went to court for a modification in PA and wanted this language added, they told him it needed to be in the Missouri parenting plan. His PA lawyer said that as well. PA--at least Bucks County doesn't seem to want to deal with anything but numbers. If the custody was being done in PA, wouldn't that be where the language would be anyway?...in the parenting plan.

I hope I'm not coming across with the wrong attitude. You have always given me great advice and I REALLY appreciate it. We are caught in the middle of two states and that's our problem.

Also, in the PA code, can't you only file for a modification after "substantial change in circumstances"? How could we even get the court to make this change?

 

[SingleMom67]

Even though this is just a "language" change, it is in fact dealing with "numbers."

I'm still unclear as to who told him it shouldn't be written in to the PA child support order? A mediator? Conference officer? And when was he there last for a modification? Sometimes it's just a state worker who really doesn't want to be bothered. However, the legally correct thing for him to do is to file for a modification. If he feels he's going to be socked with a big, outstanding out-of-pocket medical bill from the ex, he certainly is entitled to file. Although, I would first see if the ex might agree to a stipulated amendment to the original order. If you have a PA attorney, see if they will draft a simple order that outlines the terms of repayment, etc. and see if the ex will sign it. Maybe she doesn't want to go back to court either. ???? Worth a shot, at least. Obviously, if she doesn't, you're ex will have to go ahead and file. But again, this is one of those simple things that is very common in child support orders, should be in there, but is often overlooked and forgotten. Quite honestly, your husband will have no trouble getting detailed instructions for this. GL!!