Dividing orthodontist bills before or after insurance payment

I live in California, my ex in Oklahoma. Our divorce decress says he pays half of the medical/dental bills AND requires him to pay insurance on the kids. Well he doesn't pay insurance on the kids. For the last ten years, my current husband has. Now comes the problem. My son's orthodontist bill was 4000. The orthodontists' payment clerk says the insurance that WE pay for comes off the top and crummy ex get the benefit of having it apply to his half too. I say it should be divided and the insurance's $1500 payment apply to my half. How come he gets to benefit when he doesn't pay? She says it's the law, but cannot produce anything that says that's the law. It's just how she's been trained. We're talking $750 difference here and she thinks I should be grateful he's paying anything. Told me to call my lawyer and read the fine print of my divore decree (issued 10 years ago in Hawaii and is very simply put....he pays HALF of medical/dental expenses) Who's right please? Help!

[shanney27]

Does your decree specifically say he has to pay for orthodontia? It may be considered a "cosmetic" fix and he may not have to pay anything at all! If he is willing and able to cough up half after your insurance pays you may just want to take it and not risk mucking up the water...JMHO

Shanney

It specifically states it. They aren't cosmetic. THey inherited the jerks tiny jaw and braces are medically necessary, believe it or not.

Unfortunately, creditors, doctor's, etc...don't care what is written in the divorce decree, nor do they have to legally abide by it...they just want their money....You are going to have to send a copy of the bill along with a certified letter to your ex requesting his half of the payment, send along a copy of the decree where it specifically states what he is to pay in regards to medical/dental bills (just in case he forgot, or lost it...common excuses)...if he doesn't comply..you're going to have to take him to court for contempt...heck you can get him for contempt for not having insurance on them while you're at it also

See, my complaint here is with the orthodontist. My ex WAS paying his half, as I had billed him. The orthodontist said they would not bill him when I was responsible for the account. Fine. I did. He called the ortho and asked his payoff and the same woman who absolutely told me she could not be in the middle of this spoke to a man she has no idea who he is and told him what SHE figured he owed, giving him credit for my insurance. Now the ex has been told he's paid in full from the orthodontist and won't pay another cent. She says it's the law to do it that way, but can't show me where...it's just how she's been trained. So, I'm out half my insurance benefit to a creep who doesn't pay anything and my orthodontist will talk to just anyone who calls and has a couple of the right answers. Like an account number.

[shanney27]

Well I think that is the way it works... We carry my SS on our insurance and we are also responsible for 1/2 of any additional monies owed AFTER insurance pays. We receive NO "credit" for what the insurance pays...

If he is required by the decree to carry the kids on HIS insurance then take him back to court for contempt!

Oh well. Wins some, lose some. Thanks for the posts, tho. I really appreciate it.

[nailtech]

The way my decree is worded is... he is responsible for half of anything the insurance does not cover.. not exact wording, but thats what it says... I have the bill in my name, and if he does not pay, I have to pay the bill and sue him for his half... keep all records, thats your best defence... when he sends me a check I photo copy it before I cash it and write on it what it is for and staple it to a photo copy of the bill.. then I know the ones that do not have a photo copied check on them are not paid by him... or I write on them how much he still owes on the bill and wait for a second check...


Oh and send him everything certified mail....