Uncovered medical expenses

[Silverplum]

Just an update for anybody searching this site on the same topic.

Thanks for doing that! And in the original thread -- I could hug you! And do come back when it's wrapped up and give another update, please.

It could have been worse, so we're thankful for what he got. We're just wondering now, what if she comes back with an obscene amount of money that he owes and he's only got 30 days to pay it? Is there a way that he could take it back to court and ask to pay it in monthly installments?

Absolutely. And he should be ready to pounce upon that the instant it happens -- probably at that next hearing. Good luck.

 

[MrsK]

I"m glad it went somewhat well for you guys. It sucks about the bills, but good that they put a time frame on new bills. And yes, he should go to court if the amt is outrageous & say there is no way he can pay $X in 30 days and its unfair that he should have to since she held onto them so long.

 

[amberlea434]

Thanks, guys. That's what we were thinking. How could he pay back 3 years worth of bills in just 30 days... Atleast everything is in black and white now and there's no more room for error. Thanks for the advice and I'll be sure to update.

 

[qurice]

Is it possible he can get credit for the "overpayment" of ordered support towards the medical bills?

 

[amberlea434]

Is it possible he can get credit for the "overpayment" of ordered support towards the medical bills?

His lawyer thought maybe he could try that, but it didn't fly with the judge. It was considered a "gift" and nothing more.

 

[Ohiogal]

Just an update for anybody searching this site on the same topic. My fiance went into court for his modification of visitation and his ex's lawyer brought up the issue of the medical bills, like we knew she would. She admitted to the judge that she's never sent him the first doctor/prescription bill - past or present - and doesn't tell dad when she's taking their daughter to the doctor. The judge told her that she can't expect him to pay for something that he doesn't know exists. BUT, he did reserve his ruling on the issue. He's giving the ex 30 days from the court date to find any doctor/prescription bills and submit them to dad and he has 30 days from that date to reimburse her for half

or he can go back to court to contest them.

Then, from that date on, she'll have 15 days to submit any and all bills to him and he has 30 days to reimburse her.

It could have been worse, so we're thankful for what he got. We're just wondering now, what if she comes back with an obscene amount of money that he owes and he's only got 30 days to pay it? Is there a way that he could take it back to court and ask to pay it in monthly installments?

He should contest any that are older than 90 days under the theory that she waived receiving payment for them/laches. Have him discuss that with his attorney.

 

[GrowUp!]

He's giving the ex 30 days from the court date to find any doctor/prescription bills and submit them to dad and he has 30 days from that date to reimburse her for half or he can go back to court to contest them. Then, from that date on, she'll have 15 days to submit any and all bills to him and he has 30 days to reimburse her.

As I was reviewing that link to the plan that was provided earlier...a few other things he should look for as well (in addition to what OG mentioned above).

1. Make sure any dr./prescription bills are ALREADY PAID by the other parent and clearly shows the amount she has paid, so he knows exactly what he owes. Of course, those bills paid should be for care that was sought WITHIN THE 30 DAYS, as stated by the Judge. If she comes in with bills for March...then he should argue that he should NOT pay them as they are over 30 days.

2. Since she admitted -- and it's on record -- that she has not been consulting him, he should contest ANY bill for care that was out-of-network and/or cosmetic/not a medical emergency/necessity. He should argue that the other parent be 100% responsible for that bill (and heck, he should provide proof of in-network providers the other parent could have taken the child to). Same with prescriptions...if the other parent had the option to get generic (which is cheaper...big time), but chose to get brand-name, then the other parent should pay 100% of the difference of cost between the generic and brand-name.

3. He should make sure that the bolded language above is placed into the court order, too (in addition to a "reminder" that she is to consult him on medical stuff).

 

[amberlea434]

OG, will that fly with the judge since he's already stated that she can go back and find any bills she can and submit them to dad?

GU, thanks for the very valid points. But, I'm thinking the "30 day rule" only applies going forward, not for these past bills, right? If that was the case, why would the judge have reserved his ruling and allowed ex to come up with all of the bills she can find?

 

[Ohiogal]

OG, will that fly with the judge since he's already stated that she can go back and find any bills she can and submit them to dad?

GU, thanks for the very valid points. But, I'm thinking the "30 day rule" only applies going forward, not for these past bills, right? If that was the case, why would the judge have reserved his ruling and allowed ex to come up with all of the bills she can find?

Yes since the judge said that he can contest them or pay them.

 

[amberlea434]

So, here's something interesting.

First off, this is what their order states...

"The issue of medical bills for the minor child, for which the Petitioner (him) has not reimbursed the Respondent (her) is reserved. The Respondent has thirty (30) days from May 4, 2007 to provide copies of the alleged medical bills to the Petitioner. The Petitioner shall then have thirty (30) days from the receipt of the bills to either reimburse the Respondent for fifty-percent (50%) of the cost or petition the Court for a ruling on the matter."

30 days from May 4, 2007 (which was their court date) is June 2, which was this past Saturday. He hasn't received anything from her... Technically, should we wait and see if we get anything today or tomorrow, seeing as it might have been postmarked on Saturday? Or does that even matter...

 

[Ohiogal]

Waut a few more days.

 

[amberlea434]

Waut a few more days.

Thanks, OG. We were thinking the same. But, if she mails it and it's postmarked after June 2nd, or if she tries to give them to him on Tuesday (we'll be picking up their daughter for his week visitation), does he still have to pay them?

 

[Ohiogal]

Thanks, OG. We were thinking the same. But, if she mails it and it's postmarked after June 2nd, or if she tries to give them to him on Tuesday (we'll be picking up their daughter for his week visitation), does he still have to pay them?

Depends on what the bills are for. Appointments within the last month -- yes... old bills no as she is not within the confines of the order.

 

[amberlea434]

Depends on what the bills are for. Appointments within the last month -- yes... old bills no as she is not within the confines of the order.

Okay, just wanted to make sure. Of course, he'll be paying the ones from the past month. But, the ones that she was given 30 days to come up with, we didn't think he'd have to pay those seeing as she was given ample time to send them to him. I just find it odd that she didn't send them.. Thanks for your responses, OG.

 

[amberlea434]

Well, it's been almost 2 weeks past the day of when she was supposed to have the medical bills submitted to my hubby...and still nothing. She actually made the comment to him that she gave her lawyer the copies of the bills and left it up to him to send them to my hubby...which he didn't do. So, are we correct to assume that she dropped the ball?