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question regarding unpaid medical bills

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MinPinLvr08

Junior Member
What is the name of your state (only U.S. law)? New York

In my divorce degree , it states that both parties share equal costs of unpaid medical expenses for our three children with myself being soley responsible for their health care coverage plan. I have always carried the health plan as she was not required to ( says there isnt health coverage available to her) and the order says I have to. Recently I had the order modified because last year I sent her bills for the very 1st time to pay her 1/2 of and she ignored paying them. She states her co-pays are her portion. At court the judge modified the medical order so it states we both have 30 days to send and 30 days to reimburse other party. She sends me a bill for an RX for our daughter and a bag of coughdrops (total 10.49). I pay her my 1/2 of 6.75 and send a letter back with it stating I do not believe "OTC" is considered part of this order however was truly no big deal to me. I also re-sent the bills from last year with the letter I typed up then and said you are still responsible for these as well as another bill for our son who now lives with me and needed glasses because she refused to take him. Now for the next part mind you... she doesnt get the bills for any of the kids I do because I hold the insurance....
She sends back to me a a stack of co-pays and Rx bills from 1999 to 2008 and says I owe her half of this and asks me to deduct the bills from 2008 that I sent her and the new optical bill from that amount and to let her know if I thought it was too far past the time... I have never seen a one of these until now first of all and secondly, they are the co-pays that go with my plan. Am I responsible for reimbursing her for any of this if I have never seen them until now ( which is just a retailiation tactic) and due to the fact that Im sure after all these years I have already paid the medical bill 100% on them anyhow. I gave her 30 days to pay the bills I sent her... Should I just wait and then take her back to court for violating new order if she doesn't send me the 50% of the bills I sent her and ignore the bogus ones that are so old the print has worn off that I have never seen. Let me throw an addition in here... this woman has collected daycare expenses from me even after she took our three children out of daycare in 2004. ( They were told not to tell me they wern't going anymore) I continued to pay these daycare expenses to her per the order until recently changed and the judge didnt even grant me a credit for over payment for the last 5 years. She also collected money from the state for daycare. This to her is not about our children, it is about the money and greed. Am I responsible for reimbursing her co-pays / likewise to me and furthermore am I responsible for these bogus payments shes asking for on medical that I have never seen until now? This is merely one of those women that could careless about the needs of the kids, but wants my money and always has. The judge has made a new order for us and she still thinks its the world according to her. I further ask is it possible and do I have the right to be reimbursed for the day care expenses along with over payment of child support I have paid since my son came to live with me? The family court says "they" can not credit me anything before the petition date and I should seek counsel in order to get this money creditied to me at all. HELP!!!! any suggestions are greatly appreciated.:confused:
 


Ohiogal

Queen Bee
Quite frankly did you know about the copays required by your plan? If you get the insurance information then you know the copays were paid correct? Was the court order in effect back in 1999?
 

MinPinLvr08

Junior Member
Yes I knew about co-pays... I have to pay them as well every time I go or bring my son to the doctors as well as for my Rx and his Rx.I did not send her receipts to pay any co-pays as I figured it s part of my insurance plan. There is nothing noted in the court order that co-pays are part of unpaid medical expenses.
The court order from 1999 states I am directed to maintain health coverage on the aid 3 children and the following: Any payment of medical benefits made pursuant to this order in reimbursement of expenses paid by an Alternate Recipient or an Alternate Recipient's custodial parent shall be made to the Alternate Recipient to the Alternate Recipient's custodial parent as applicable. This order does not require the Medical Plan to provide any type or form of benefit, or any option, not otheriwse provided under the medical plan.
The new order dated March 2009, the medical order states the following:
I continue to cover the children under my health plan and any receipts for any "uninsured" medical, dental and optical expenses are to be provided by either party within 30 days of incurring said expenses and reimbursement is to be made within 30 days of receiving said receipts.
so as you can see the only thing that changed was the 30 day notice part from one order to the other.
Let me know what you may think about this whole ordeal as I do believe that I am not responsible for reimbursng those co-pays for rx.
 
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LdiJ

Senior Member
Yes I knew about co-pays... I have to pay them as well every time I go or bring my son to the doctors as well as for my Rx and his Rx.I did not send her receipts to pay any co-pays as I figured it s part of my insurance plan. There is nothing noted in the court order that co-pays are part of unpaid medical expenses.
The court order from 1999 states I am directed to maintain health coverage on the aid 3 children and the following: Any payment of medical benefits made pursuant to this order in reimbursement of expenses paid by an Alternate Recipient or an Alternate Recipient's custodial parent shall be made to the Alternate Recipient to the Alternate Recipient's custodial parent as applicable. This order does not require the Medical Plan to provide any type or form of benefit, or any option, not otheriwse provided under the medical plan.
The new order dated March 2009, the medical order states the following:
I continue to cover the children under my health plan and any receipts for any "uninsured" medical, dental and optical expenses are to be provided by either party within 30 days of incurring said expenses and reimbursement is to be made within 30 days of receiving said receipts.
so as you can see the only thing that changed was the 30 day notice part from one order to the other.
Let me know what you may think about this whole ordeal as I do believe that I am not responsible for reimbursng those co-pays for rx.
Copays are uninsured medical expenses. Anything that has to be paid out of pocket is an uninsured medical expense. Just because your order doesn't specifically mention copays doesn't change the fact that they are an uninsured medical expense.

If you feel that child support needs to be modified you can petition for it to be modified. However, typically modifications only go back to the date that you first file the petition, as you have already discovered.
 

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