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medical arrears

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luckymom

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

My daughter is on her stepmom's insurance. It is not a great policy and has a high deductible. Last fall, DD who runs cross-country and track began to have serious pain in her leg. We went to the doctor who ordered x-rays and MRI and then diagnosed a stress fracture. DD wore an ortho boot and did physical therapy for 8 weeks. Unpaid medical bills totaled $1800. As required by the orders, I paid the bills as they came in (from my emergency fund) and forwarded bills and receipts to ex, who is supposed to pay 50% within 30 days.

Ex has refused to pay anything to this point saying he doesn't have the money and will pay me when he can. I suggested that he commit to paying a certain amount each month (150, 200, whatever) until I am fully reimbursed. He has refused. He and his wife are both employed, no kids in their 4500 square foot home, and drive two late model cars. My child support is $700 a month, DD's private school tuition is over a $1000 per month. (Just so you know that I am not living off ex's support.) I make a decent salary and live frugally.

My question--I plan to give ex 60 days to make a good faith effort to start paying me back something, but if he doesn't I'd like to file for arrears and ask for court costs and attorney fees. Ex has stiffed me on medical bills before and when I went to court I was awarded the money, but fees basically consumed the funds. Given this situation, am I likely to prevail AND get costs?

Thanks very much for your advice.
 


LdiJ

Senior Member
What is the name of your state (only U.S. law)? IL

My daughter is on her stepmom's insurance. It is not a great policy and has a high deductible. Last fall, DD who runs cross-country and track began to have serious pain in her leg. We went to the doctor who ordered x-rays and MRI and then diagnosed a stress fracture. DD wore an ortho boot and did physical therapy for 8 weeks. Unpaid medical bills totaled $1800. As required by the orders, I paid the bills as they came in (from my emergency fund) and forwarded bills and receipts to ex, who is supposed to pay 50% within 30 days.

Ex has refused to pay anything to this point saying he doesn't have the money and will pay me when he can. I suggested that he commit to paying a certain amount each month (150, 200, whatever) until I am fully reimbursed. He has refused. He and his wife are both employed, no kids in their 4500 square foot home, and drive two late model cars. My child support is $700 a month, DD's private school tuition is over a $1000 per month. (Just so you know that I am not living off ex's support.) I make a decent salary and live frugally.

My question--I plan to give ex 60 days to make a good faith effort to start paying me back something, but if he doesn't I'd like to file for arrears and ask for court costs and attorney fees. Ex has stiffed me on medical bills before and when I went to court I was awarded the money, but fees basically consumed the funds. Given this situation, am I likely to prevail AND get costs?

Thanks very much for your advice.
Its possible you could recover fees, but its also possible that you might not. However, this is definitely something that you could take to court without an attorney.
 

luckymom

Member
Thanks for the response. I've never done anything pro se. Can you direct me towards a site that would provide advice on the steps? I am in Cook County (Chicago) which does not seem very pro se friendly.
 

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