Doctor Visit

[amberlea434]

What is the name of your state? TN

Hubby's CO reads that Mom will provide, postmarked by the last day of each month, copies of medical bills, prescriptions, co-pays, etc. to Dad and he will then have 30 days to reimburse her his share.

He just received in the mail a bill from a doctor's visit that Mom took the child to in November '07. Apparently, insurance didn't cover a portion of that visit and now there's a balance with the doctor's office. She stated in a letter attached to the bill that she's paid half of that amount to the doctor's office and now he should contact the doctor's office to set up payment for his half. The bill had Dad's name on it, but had Mom's address.

Dad called the doctor's office and they said they'd been sending statements monthly to Mom since November, but never heard back from her. She finally contacted them April of this year and paid half of what's owed and told them to contact Dad for the rest.

He's not obligated to pay this, right? And is Mom allowed to put Dad's name on anything without his consent? Only reason I ask is because what would have happened if Mom never paid the bill...it would have went to collections under Dad's name and could have potentially messed up his credit...

 

[LdiJ]

What is the name of your state? TN

Hubby's CO reads that Mom will provide, postmarked by the last day of each month, copies of medical bills, prescriptions, co-pays, etc. to Dad and he will then have 30 days to reimburse her his share.

He just received in the mail a bill from a doctor's visit that Mom took the child to in November '07. Apparently, insurance didn't cover a portion of that visit and now there's a balance with the doctor's office. She stated in a letter attached to the bill that she's paid half of that amount to the doctor's office and now he should contact the doctor's office to set up payment for his half. The bill had Dad's name on it, but had Mom's address.

Dad called the doctor's office and they said they'd been sending statements monthly to Mom since November, but never heard back from her. She finally contacted them April of this year and paid half of what's owed and told them to contact Dad for the rest.

He's not obligated to pay this, right? And is Mom allowed to put Dad's name on anything without his consent? Only reason I ask is because what would have happened if Mom never paid the bill...it would have went to collections under Dad's name and could have potentially messed up his credit...

I think he really needs to pay it, because you are right, if he doesn't its his credit that he is going to mess up. Also, I do believe that mom doesn't have to provide the bill until all the insurance issues are settled and its known how much the out of pocket balance is. That generally takes a couple of months at least.

Still she is late...but since its his credit that he will trash if he doesn't pay it, I would make payment arrangements with the doctor if it were me.

 

[sitmwh]

No way!

I say absolutely not!

You have a court order that says that all bills must be submitted for reimbursement within 30days and most orders also require that all bills must paid in full first.

Secondly, I would address with the doctors as to why a bill is coming in your husbands name. The parent taking the child is the parent responsible for the bill. No matter what! That is the way that it goes. Just because two parties were at one time married, they are not married any longer and that does not give a right to make someone responsible for a doctor visit that they didn't agree to. I would certainly have your husband challenge that.

This exact thing happened to my husband and the judge was not happy to hear that she had put his name on anything without his consent.

 

[Perky]

Regarding the name on the bill...
My ex carried the insurance for the kids, so every bill had his name on it, even though I never gave his name as the payor. The bills still came to my address, I suppose because that's the address on file at the doctor's office.

 

[jbowman]

Regardless of whether his name was put on anything, he is still responsible to pay half of all medical bills. Dont fight this on a technicality--a judge will think you are stupid. Was child treated? Then yeah dad should pay half. Period.

Fighting about putting his name on stuff is a whole different fight.

 

[Zigner]

You have a court order that says that all bills must be submitted for reimbursement within 30days...

But nothing in this thread has said that bills that are submitted late are no longer payable (1/2) by the other party...

 

[jbowman]

But nothing in this thread has said that bills that are submitted late are no longer payable (1/2) by the other party...

AND a bill is a bill when you know you have to PAY it. It doesnt say "30 days after doctor visit". I say this because the same exact thing happened to me. I got a bill that insurance was supposed to have paid months before but they denied the claim for whatever reason. I was stuck with the 300 payment. That is when I submitted to NCP for reimbursement.

And to Amber: Are you SURE that the bill had Dad's name on it? Because in my experience, if I owe for a Dr. bill, I can pay half and have dad call in and pay the other half. He just gives our childs name and the invoice number and pays the balance. This should actually make dad happy because he knows exactly where his little money is going. There are so many NCP's worried about where their money is ending up. (I am referring to the many many threads asking if an NCP can control what child support is used for."

 

[LdiJ]

I say absolutely not!

You have a court order that says that all bills must be submitted for reimbursement within 30days and most orders also require that all bills must paid in full first.

Secondly, I would address with the doctors as to why a bill is coming in your husbands name. The parent taking the child is the parent responsible for the bill. No matter what! That is the way that it goes. Just because two parties were at one time married, they are not married any longer and that does not give a right to make someone responsible for a doctor visit that they didn't agree to. I would certainly have your husband challenge that.

This exact thing happened to my husband and the judge was not happy to hear that she had put his name on anything without his consent.

Sorry, but that is not necessarily true. State laws vary and unless you are certain that the doctor can only hold the parent responsible who took the child to the doctor...in THIS state, you shouldn't give that advice.

 

[Ohiogal]

I say absolutely not!

You have a court order that says that all bills must be submitted for reimbursement within 30days and most orders also require that all bills must paid in full first.

Secondly, I would address with the doctors as to why a bill is coming in your husbands name. The parent taking the child is the parent responsible for the bill. No matter what! That is the way that it goes. Just because two parties were at one time married, they are not married any longer and that does not give a right to make someone responsible for a doctor visit that they didn't agree to. I would certainly have your husband challenge that.

This exact thing happened to my husband and the judge was not happy to hear that she had put his name on anything without his consent.

WRONG. The parent with insurance is held responsible financially for the bill.

 

[LdiJ]

WRONG. The parent with insurance is held responsible financially for the bill.

See my reply right above yours. State law varies. I agree that in many states its true that the parent with insurance is held responsible financially for the bill.

In many others both parents are held equally responsible for medical and educational debts relating to their children.

In a handful, it IS true that the parent signing the "consent to treat" form, which usually also includes financial responsibility, is the one held responsible....and a parent can "threaten" a provider who bills them if they didn't sign....but only in a handful.

And of course the family law court has the final say...outside of credit issues...but the family law court cannot control what the creditors do, within the state rules for creditors.

 

[Ohiogal]

See my reply right above yours. State law varies. I agree that in many states its true that the parent with insurance is held responsible financially for the bill.

In many others both parents are held equally responsible for medical and educational debts relating to their children.

In a handful, it IS true that the parent signing the "consent to treat" form, which usually also includes financial responsibility, is the one held responsible....and a parent can "threaten" a provider who bills them if they didn't sign....but only in a handful.

And of course the family law court has the final say...outside of credit issues...but the family law court cannot control what the creditors do, within the state rules for creditors.

Yep I saw what you said. And I agree. Actually for billing the parent with insurance is typically billed. Both parents however are equally responsible due to the fact that they are responsible for their children. Though contract law can hold the parent who signs responsible. All are correct.
But the court order controls.

 

[LdiJ]

Yep I saw what you said. And I agree. Actually for billing the parent with insurance is typically billed. Both parents however are equally responsible due to the fact that they are responsible for their children. Though contract law can hold the parent who signs responsible. All are correct.
But the court order controls.

Absolutely in family court, the court order controls...but just like mortgages, credit cards and other debt, the creditors are bound by credit agreements and/or different state law. Which is why that poster was soooo wrong to make that statement. It might fly in a state credit wise, but not necessarily family court wise or vice versa.

You might keep something off your credit report by not obeying a family law court order...but would get hammered in family court. Or, you might get hammered on your credit report and through civil law, even if a family court would side with you entirely, and put sanctions, liens, judgements and levies against the other parent.

I am a great believer in doing what is necessary to preserve your credit score, and dealing with the rest in family law court.

 

[Ohiogal]

Absolutely in family court, the court order controls...but just like mortgages, credit cards and other debt, the creditors are bound by credit agreements and/or different state law. Which is why that poster was soooo wrong to make that statement. It might fly in a state credit wise, but not necessarily family court wise or vice versa.

You might keep something off your credit report by not obeying a family law court order...but would get hammered in family court. Or, you might get hammered on your credit report and through civil law, even if a family court would side with you entirely, and put sanctions, liens, judgements and levies against the other parent.

I am a great believer in doing what is necessary to preserve your credit score, and dealing with the rest in family law court.

Again, I agree.

 

[amberlea434]

Eek, sorry it's taken so long for me to reply, guys.

I think he really needs to pay it, because you are right, if he doesn't its his credit that he is going to mess up. Also, I do believe that mom doesn't have to provide the bill until all the insurance issues are settled and its known how much the out of pocket balance is. That generally takes a couple of months at least.

Still she is late...but since its his credit that he will trash if he doesn't pay it, I would make payment arrangements with the doctor if it were me.

Dad has already contacted the doctor's office and had his name removed, seeing as he wasn't even there and didn't authorize it. They put Mom's name on the bill, as it already had her home address on it.

The "insurance issues" were settled in November 2007. That's when the doctor's office started sending her the bill, but she ignored it, apparently.

Regarding the name on the bill...
My ex carried the insurance for the kids, so every bill had his name on it, even though I never gave his name as the payor. The bills still came to my address, I suppose because that's the address on file at the doctor's office.

Mom carries the insurance for the child because she likes her insurance coverage better than Dad's. On this particular bill, it had Dad's name with Mom's address. She had to have told them to put his name on it. Can she do that?

Regardless of whether his name was put on anything, he is still responsible to pay half of all medical bills. Dont fight this on a technicality--a judge will think you are stupid. Was child treated? Then yeah dad should pay half. Period.

Fighting about putting his name on stuff is a whole different fight.

I understand it may sound petty to some, but Mom and Dad had already hashed this topic out in court. Mom had brought a stack of medical bills from 4 or 5 years prior and wanted reimbursement. The judge asked her how Dad was supposed to pay for something he didn't even know existed...and from now on, she had until the end of the month that the doctor visit was in to send him any kind of copays, scripts and bills to be reimbursed. And this doctor visit was in November 2007, so this isn't like it's from last month or something.

And, yes, it's a whole different fight about putting his name on stuff. How is he supposed to put a stop to that? Isn't it like some kind of fraud or something because it would have been his credit that got ruined, not hers, if he hadn't found out about it...

But nothing in this thread has said that bills that are submitted late are no longer payable (1/2) by the other party...

You don't think that's why the judge put a 30 day limit in their CO...?

And to Amber: Are you SURE that the bill had Dad's name on it? Because in my experience, if I owe for a Dr. bill, I can pay half and have dad call in and pay the other half. He just gives our childs name and the invoice number and pays the balance. This should actually make dad happy because he knows exactly where his little money is going. There are so many NCP's worried about where their money is ending up. (I am referring to the many many threads asking if an NCP can control what child support is used for."

Yes, I'm sure. Dad just received the bill in the mail from Mom. And, you're right, doing it that way would be easy...if it was a recent bill. This is from last year. And he didn't even know about this doctor visit.

WRONG. The parent with insurance is held responsible financially for the bill.

And Mom carries the insurance.

I really don't think Dad is trying to make a mountain out of a molehill here, he's just sticking to their CO, same as Mom does. I guess the bigger issue is Mom putting Dad's name on something without his consent, especially when it could potentially harm his credit. What would ya'll suggest he tell Mom about that?

 

[Nevergrowup]

I understand that in your husband's case, it was many months ago...however, I don't understand how 30 days is reasonably enough time to submit, or then you don't have to pay. It seems to me the judge was trying to get Mom to be more aware that she needs to sends bills to Dad promptly, that is why the time limit...however, I just got a bill from my children's pediatrician from 3 months ago, after back and forth with insurance and such. Yes, in your husband's case, it was 6 months ago, but as another poster pointed out, does it actually say that dad has no financial responsibility if it is more than 30 days? Mom can claim she never got the bill from the doc, and then when she did, she paid it and sent it to dad. Who is to say that the bills didn't get lost in the mail? Maybe her argument will be she sent it to dad within 30 days of her receipt.

Is this worth going back to court over?

Also, isn't it better if the doctors just send his half due to him? That way, you know his half is paid? Some parents are worried that the other parent just pockets the money, or whatever...wouldn't the doc mailing to your husband directly be easier for all involved, and cut out Mom's role in his portion of the bills altogether? If he knows he pays half, who cares if it comes from Mom or the doc? Or does he just not want to pay for it and thinks he doesn't have to if the 30 days rule goes over?