Medical bills for minor, What should I do?

[luvsmel]

What is the name of your state (only U.S. law)? I'm in Washington, Father is in Oregon

Last year my son broke his arm while in the care of his father. After my insurance paid there was a balance of $3500. The father did not pay this and now, 10 months later, it is in collections. The collection agency contacted me and stated they had just received the debt and wanted me to pay the balance. I explained that I did not take my son in for treatment, therefore did not sign any financial responsibility documentation. I also explained that his father had agreed to take care of the debt.

They explained that they could collect, garnish, place negative credit information on either of us and they couldn't get the father to respond to their calls. I asked them to give me a week to contact my ex and requested they contacted me if he didn't contact them.

I sent my ex text messages twice in the week asking he contact them and make a payment plan so they wouldn't go any further in collections. He replied "ok". After a week I was contacted again by the collection agency stating they didn't hear from him. I asked what the options were to pay it back and they offered me a settlement of $2450 or $240 for 16 months with interest. I asked them for 3 weeks to come up with the settlement.

I then looked into a 401k loan and sent my ex a message stating I could pay the settlement and he could pay on the loan: $210 a month for 12 months at 4.5% interest. I thought it was a good deal because it would get the creditor taken care of for 1,000 less than the balance and it's lower interest. My ex texted me back that he needed to think about it.

When he came to pick up the kids he stated that he couldn't afford to pay the collection and child support. He wanted me to pay the settlement and he would pay child support. Well.... He hasn't paid child support over a year and that is through the State of Oregon that is keeping a "tab" on what he owes me. I'm not sure what made him think that child support includes medical expenses but our divorce decree clearly states we are each 50% responsible. When I stated it was not acceptable he stated he "didn't want to owe me money" and would pay monthly to the collection company.

The reason I expect him to pay this entire balance is that in the last 9 years I have never asked him to reimburse me for medical expenses. Our oldest was in the hospital 3 times last year and the youngest broke his arm/leg the year before. I paid all these without requesting reimbursement. I also have paid for their medical the entire time and he has never provided them with medical insurance.

Should I pay the settlement now and try to recover in small claims? Not likely to get anything because he doesn't keep jobs for more than 6 months.

Should I leave it be and see if he does pay it? I'm afraid he is going to ruin my credit and I'm expecting to purchase my first home in 5 years. I don't want this on my credit.

Any other options?

Thanks,
Melanie

 

[Proserpina]

What is the name of your state (only U.S. law)? I'm in Washington, Father is in Oregon

Last year my son broke his arm while in the care of his father. After my insurance paid there was a balance of $3500. The father did not pay this and now, 10 months later, it is in collections. The collection agency contacted me and stated they had just received the debt and wanted me to pay the balance. I explained that I did not take my son in for treatment, therefore did not sign any financial responsibility documentation. I also explained that his father had agreed to take care of the debt.

They explained that they could collect, garnish, place negative credit information on either of us and they couldn't get the father to respond to their calls. I asked them to give me a week to contact my ex and requested they contacted me if he didn't contact them.

I sent my ex text messages twice in the week asking he contact them and make a payment plan so they wouldn't go any further in collections. He replied "ok". After a week I was contacted again by the collection agency stating they didn't hear from him. I asked what the options were to pay it back and they offered me a settlement of $2450 or $240 for 16 months with interest. I asked them for 3 weeks to come up with the settlement.

I then looked into a 401k loan and sent my ex a message stating I could pay the settlement and he could pay on the loan: $210 a month for 12 months at 4.5% interest. I thought it was a good deal because it would get the creditor taken care of for 1,000 less than the balance and it's lower interest. My ex texted me back that he needed to think about it.

When he came to pick up the kids he stated that he couldn't afford to pay the collection and child support. He wanted me to pay the settlement and he would pay child support. Well.... He hasn't paid child support over a year and that is through the State of Oregon that is keeping a "tab" on what he owes me. I'm not sure what made him think that child support includes medical expenses but our divorce decree clearly states we are each 50% responsible. When I stated it was not acceptable he stated he "didn't want to owe me money" and would pay monthly to the collection company.

The reason I expect him to pay this entire balance is that in the last 9 years I have never asked him to reimburse me for medical expenses. Our oldest was in the hospital 3 times last year and the youngest broke his arm/leg the year before. I paid all these without requesting reimbursement. I also have paid for their medical the entire time and he has never provided them with medical insurance.

Should I pay the settlement now and try to recover in small claims? Not likely to get anything because he doesn't keep jobs for more than 6 months.

Should I leave it be and see if he does pay it? I'm afraid he is going to ruin my credit and I'm expecting to purchase my first home in 5 years. I don't want this on my credit.

Any other options?

Thanks,
Melanie

Does your court order state that he has to pay X amount or percentage of medical?

 

[luvsmel]

Does your court order state that he has to pay X amount or percentage of medical?

This is the exact wording except removed kids names. He is Petitioner and I'm Respondant:

Throughout the period of support obligation, Petitioner shall name *children’s names* as beneficiaries of any health, accident, dental, orthodontic, and optical insurance plan that is available through Petitioner’s employment, group, or union, and is accessible to the children at a reasonable cost that doesn’t make the application of the guidelines unjust or inappropriate. If Petitioner fails to maintain insurance under these conditions for *children’s names*, Petitioner shall be responsible for any of those expenses incurred after the date of the court order requiring the coverage. If petitioner maintains this insurance but the insurance does not provide complete coverage, Petitioner shall pay fifty percent of the uninsured costs. If the insurance coverage for the children is provided through Petitioner’s employment, group, or union, and if this employment, group, or union membership is then terminated, Petitioner shall notify Respondent of this fact prior to or immediately upon termination. If insurance is not available to Petitioner when the final judgment is entered, Petitioner shall provide insurance in the future when it becomes available to him.
It shall be Respondent’s obligation to request payment from Petitioner, within 90 days from the date the insurance company has completed processing of the claim, of any costs (eg, co-payments) paid or owed by Respondent as a result of medical treatment received by *children’s names*. Respondent shall give Petitioner notice by providing Petitioner with a copy of the insurance company’s form explaining payments made or owed. Petitioner shall make payment to the care provider or to Respondent (as appropriate) within 30 days of receipt of the billing from Respondent. Direct payment to the care provider is preferred. If possible, Petitioner shall pay the care-provider directly for Petitioner’s portion of the uninsured charges. If Respondent has already paid the non-covered costs in full, then Petitioner shall reimburse Respondent for one-half of these costs.
Whenever Petitioner does not have health, accident, dental, orthodontic or optical insurance available through employment, group, or union membership, Petitioner shall pay fifty percent of the uninsured costs incurred by *children’s names* throughout that period, including costs for prescriptions. It shall be Respondent’s obligation to request payment from Petitioner and provide billing statements within 90 days from the date of billing. Petitioner shall make payment to the care provider or to Respondent (as appropriate) within 30 days of receipt of the billing from Respondent. Direct payment to the care provider is preferred.

Sidenote: The bills were sent to him for the last 10 months. Additionally if we go by this agreement can I collect 50% of the bills I've paid that I didn't request reimbursement for?

Thanks,
Melanie

 

[ecmst12]

If he hasn't even paid his child support in over a year, what makes you think he'll pay any other money he owes you?

 

[luvsmel]

If he hasn't even paid his child support in over a year, what makes you think he'll pay any other money he owes you?

Unfortunately, I don't expect to ever see any money back. I'm wondering how to minimize the financial and credit damage this irresponsible father is doing to my family.

I believe I can sue and send a judgement to a collector that will only report this balance against his credit. Not sure that is worth my time though.

Melanie

 

[single317dad]

Which state is the support order from? Which state is currently handling support? Have you contacted Child Support Enforcement?

 

[Ohiogal]

This is the exact wording except removed kids names. He is Petitioner and I'm Respondant:

Throughout the period of support obligation, Petitioner shall name *children’s names* as beneficiaries of any health, accident, dental, orthodontic, and optical insurance plan that is available through Petitioner’s employment, group, or union, and is accessible to the children at a reasonable cost that doesn’t make the application of the guidelines unjust or inappropriate. If Petitioner fails to maintain insurance under these conditions for *children’s names*, Petitioner shall be responsible for any of those expenses incurred after the date of the court order requiring the coverage. If petitioner maintains this insurance but the insurance does not provide complete coverage, Petitioner shall pay fifty percent of the uninsured costs. If the insurance coverage for the children is provided through Petitioner’s employment, group, or union, and if this employment, group, or union membership is then terminated, Petitioner shall notify Respondent of this fact prior to or immediately upon termination. If insurance is not available to Petitioner when the final judgment is entered, Petitioner shall provide insurance in the future when it becomes available to him.
It shall be Respondent’s obligation to request payment from Petitioner, within 90 days from the date the insurance company has completed processing of the claim, of any costs (eg, co-payments) paid or owed by Respondent as a result of medical treatment received by *children’s names*. Respondent shall give Petitioner notice by providing Petitioner with a copy of the insurance company’s form explaining payments made or owed. Petitioner shall make payment to the care provider or to Respondent (as appropriate) within 30 days of receipt of the billing from Respondent. Direct payment to the care provider is preferred. If possible, Petitioner shall pay the care-provider directly for Petitioner’s portion of the uninsured charges. If Respondent has already paid the non-covered costs in full, then Petitioner shall reimburse Respondent for one-half of these costs.
Whenever Petitioner does not have health, accident, dental, orthodontic or optical insurance available through employment, group, or union membership, Petitioner shall pay fifty percent of the uninsured costs incurred by *children’s names* throughout that period, including costs for prescriptions. It shall be Respondent’s obligation to request payment from Petitioner and provide billing statements within 90 days from the date of billing. Petitioner shall make payment to the care provider or to Respondent (as appropriate) within 30 days of receipt of the billing from Respondent. Direct payment to the care provider is preferred.

Sidenote: The bills were sent to him for the last 10 months. Additionally if we go by this agreement can I collect 50% of the bills I've paid that I didn't request reimbursement for?

Thanks,
Melanie

You can only go back 90 days on bills. But you can request 50% of any bills within the last 90 days. Why do you think you are not responsible for your minor child's medical bills? Hint: You are.

 

[Ladyback1]

You can only go back 90 days on bills. But you can request 50% of any bills within the last 90 days. Why do you think you are not responsible for your minor child's medical bills? Hint: You are.

I disagree. The way I read the order is the OP has to request payment for out of pocket medical expenses within 90 days. If the OP requested/notified the other parent within 90 days, then she should be covered. And frankly, it doesn't sound like the OP doesn't think she's responsible for the medical bills, it sounds to me like she just wants dad to put on his big boy underoos and man up.

That being said, I would suggest that the OP file for contempt of court. Let a judge sort it out.

 

[Ohiogal]

I disagree. The way I read the order is the OP has to request payment for out of pocket medical expenses within 90 days. If the OP requested/notified the other parent within 90 days, then she should be covered. And frankly, it doesn't sound like the OP doesn't think she's responsible for the medical bills, it sounds to me like she just wants dad to put on his big boy underoos and man up.

That being said, I would suggest that the OP file for contempt of court. Let a judge sort it out.

The OP stated this:

The reason I expect him to pay this entire balance is that in the last 9 years I have never asked him to reimburse me for medical expenses.

Hence she would not be covered for any bills but those in the last 90 days. LEGALLY, the hospital/doctor/medical provider can hold both parents of a minor child responsible. She wants dad to pay but she has NEVER ASKED HIM TO REIMBURSE HER. That doesn't mean she might not owe 50% of this latest bill per the court order. It is possible the court wouldn't order her to pay half of it at all. HOWEVER, dad doesn't owe anything either for the court order.

 

[Ladyback1]

The OP stated this:



Hence she would not be covered for any bills but those in the last 90 days. LEGALLY, the hospital/doctor/medical provider can hold both parents of a minor child responsible. She wants dad to pay but she has NEVER ASKED HIM TO REIMBURSE HER. That doesn't mean she might not owe 50% of this latest bill per the court order. It is possible the court wouldn't order her to pay half of it at all. HOWEVER, dad doesn't owe anything either for the court order.

That I understand. I guess my understanding is that when/if there are out of pocket expenses that need reimbursed/paid, and mom followed the order by advising the other parent within the 90 day time frame, then she could possibly recoup further back than 90 days.

(my parenting plan is the verbatim what the OP's is--and I was able to go back 3 years for reimbursement because I had actually advised the other parent, and requested payment from him as indicated in the parenting plan. And I had done so in a timely manner, and I could provide documentation showing that I had done so...)

I see no where that says she can only recoup the last 90 days. Again, I read it as she has 90 to notify the other parent and request payment (90 days after insurance has made determination on the claim).

 

[Ohiogal]

That I understand. I guess my understanding is that when/if there are out of pocket expenses that need reimbursed/paid, and mom followed the order by advising the other parent within the 90 day time frame, then she could possibly recoup further back than 90 days.

(my parenting plan is the verbatim what the OP's is--and I was able to go back 3 years for reimbursement because I had actually advised the other parent, and requested payment from him as indicated in the parenting plan. And I had done so in a timely manner, and I could provide documentation showing that I had done so...)

I see no where that says she can only recoup the last 90 days. Again, I read it as she has 90 to notify the other parent and request payment (90 days after insurance has made determination on the claim).

I was basing the 90 day requirement on the fact that she has never notified dad due to that phrase I quoted. Yes, if she has requested payment and can prove it, then she can go back beyond the 90 days but she has admitted NOT asking for reimbursement. Which is the problem and what limits her.

 

[Ladyback1]

I was basing the 90 day requirement on the fact that she has never notified dad due to that phrase I quoted. Yes, if she has requested payment and can prove it, then she can go back beyond the 90 days but she has admitted NOT asking for reimbursement. Which is the problem and what limits her.

OK....we understand it the same.
And yes, if mom hasn't done the required notification and doesn't have documentation, then she needs to suck it up and pay Jr's bill(s).

 

[luvsmel]

The State of Oregon is where the child support order from.

The father received the bills for the last 10 months and didn't request reimbursement from me. It isn't that I don't believe that I owe half of the bill but in the last 2 years I have paid approximately $6,000 in out of pocket medical for the children. I didn't request reimbursement for these and he agreed it would be fair for him to pay this bill. I was only notified of the debt once it was sent to collections and now need to know if I should pay the collector and go after him in small claims court.

I disagree. The way I read the order is the OP has to request payment for out of pocket medical expenses within 90 days. If the OP requested/notified the other parent within 90 days, then she should be covered. And frankly, it doesn't sound like the OP doesn't think she's responsible for the medical bills, it sounds to me like she just wants dad to put on his big boy underoos and man up.

That being said, I would suggest that the OP file for contempt of court. Let a judge sort it out.

Does the family court deal with medical expenses after the divorce?

Thanks,
Melanie

 

[Ladyback1]

The State of Oregon is where the child support order from.

The father received the bills for the last 10 months and didn't request reimbursement from me. It isn't that I don't believe that I owe half of the bill but in the last 2 years I have paid approximately $6,000 in out of pocket medical for the children. I didn't request reimbursement for these and he agreed it would be fair for him to pay this bill. I was only notified of the debt once it was sent to collections and now need to know if I should pay the collector and go after him in small claims court.



Does the family court deal with medical expenses after the divorce?

Thanks,
Melanie

In my state, we don't have "family court". Divorces, child custody, visitation, etc. is handled in District Court.

However, you most likely can't recoup anything related to the $6000 because you did not request his 1/2 within the time frame (90 days).
And your Ex "receiving" the bills is not the same as documentation to support that he "knew" about the bill and had an agreement with you to pay the whole bill.

I think, you're going to have to pay the debt and then try to get a judgment against Dad.

You need to send a letter to Dad, outlining all of this (certified, return receipt requested). And if you make a payment plan, then you need to be able to prove to Dad and the courts that you paid $xxx.xx on 4/1, 5/1, 6/1, etc.

If you are the custodial parent, then ultimately these sort of bills will fall on you.