Joint Legal and medical care

[kaizen]

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

My son is fifteen and his father and I have been divorced for over a dozen years. Today he got a bug up his butt and wrote the following to me (in part):

Also, since I have joint legal custody, I have to approve of all non-emergency medical procedures and expenses. For example, the dentist. If I can get the job done for less money somewhere else and you go to the expensive place, I don't have to pay the higher price. I pay my portion of what I could get it done for. My dentist charges $98 for cavities…the place you took (son) charges $121.60. This also means that the fluoride you chose to have done…if I don’t agree to it prior to treatment, I don’t have to pay anything for it. Too much fluoride is bad for people…there’s fluoride in the drinking water so fluoride treatments are overkill, as well as unhealthy.

He also signed son up for driver's training this summer which I specifically said I could not agree to share costs of until I saw how some financial matters shook out (he has asked for a support reduction). Today he also wrote that he will be deducting what he considers to be my half of the bill/responsibility from his future medical reimbursement obligations to me until he has recouped the fifty percent of that bill he considers my responsibility, despite my clearly indicating I was not willing to sign son up yet and he alone did that.

My questions are do you really have to get 'permission' for things such as fluoride? Must a CP really shop around prices and okay it with the NCP before getting a cavity filled, or is this extreme? Secondly, can he in essence force me to pay for driver's training by not reimbursing medical bills?

Thank you.

 

[ecmst12]

Nope. File for contempt if he doesn't pay what he was ordered to pay. I'm not sure what your order says about activities, so I'm not sure about the driver training class.

 

[CJane]

I have never been reimbursed for half of anything, regardless of the court order, my ex has never paid guideline support, and in the 6 months that our children have been with me 24/7, he hasn't so much as offered to take them to dinner.

And you're arguing with your ex over half of $3?

Smh

Generally speaking, no, you don' need the other parent's permission for routine/minor care. And you don't need to price shop. And he can't withhold medical reimbursements to pay for driver's ed. But only you know if it's worth fighting about.

 

[Proserpina]

Hills, dying, etc., etc.

 

[kaizen]

And you're arguing with your ex over half of $3?

No, it's significantly more than three dollars.

 

[stealth2]

Joint legal means the two of you need to agree on non-emergency procedures.

I'll be honest with you - I informed my ex, and then just paid the bill when it was in the child's best interests and my ex wouldn't agree.

 

[OHRoadwarrior]

Personally, I don't think he is being unreasonable. I don't like other people throwing away my money.

 

[gam]

Why are you dealing with this? Normally in Michigan, you submit your medical on the FOC form to the other parent, they have x amount of time to pay you, if they do not then you submit the form to FOC and they take care of it. Is there something in your order that leaves FOC out of the process?

FOC requires you to submit the bills through this process in a certain time frame, and you are required to follow any rules of the insurance carrier.

If you something else in your order, I suggest you file for a modification to have medical submitted through FOC.

 

[CJane]

Joint legal means the two of you need to agree on non-emergency procedures.

Not unless the order specifically says that they must agree. Joint legal, unless otherwise specified in MY understanding (not in Michigan, granted) means that both parents must BE INVOLVED in the decision-making process. But both parents need not AGREE. And agree or not, the order says he's supposed to pay half. Do I think it's worth fighting about? Nope. Not for ANY amount of money. But that might just be me.

 

[TinkerBelleLuvr]

Depending on the date of the court order, there is an amount of medical costs that the custodial parent must meet before asking the other party to pay. Going off of recollection here, I believe it is $289.00 per child. Now, if you have FOC involvement, collecting the monies is relatively easy. You meet the burden of the $289.00. All receipts are used to prove this. Then, you send the other party copies of the receipts and the amount you are expecting in reimbursement. If, after 30 days there is no response, you ask for medical enforcement. FOC will do the work for you.

 

[gam]

Depending on the date of the court order, there is an amount of medical costs that the custodial parent must meet before asking the other party to pay. Going off of recollection here, I believe it is $289.00 per child. Now, if you have FOC involvement, collecting the monies is relatively easy. You meet the burden of the $289.00. All receipts are used to prove this. Then, you send the other party copies of the receipts and the amount you are expecting in reimbursement. If, after 30 days there is no response, you ask for medical enforcement. FOC will do the work for you.

The amount of medical costs the custodial parent must meet, varies between court orders, because of how CS is done in Michigan. So one who has a lower share obligation would have to meet a lower amount then someone who has a higher share obligation.

Hope that is making sense, not real good at explaining things, lol.

 

[kaizen]

I got the forms from the Friend of the Court to start the ball rolling to get reimbursed for the outstanding medical expenses. I'm filling them out and have a couple questions:

What do I do with them when I've filled them out? Do I mail it to son's father with a copy to the Friend of the Court, or do I go to FoC and file them in person?

At the bottom of the form titled "Complaint and Notice for Health Care Expense Payment", it includes a certificate of mailing. It is to be signed as certification that a copy of the complaint was mailed to the other party. Where I need clarification, under signature line it says "Friend of the Court/Authorized representative".

For clarification, it has been over the mandatory 28 days since I sent the bills to Dad for reimbursement and I have proof he has received them. Do I now just send the forms to medical reimbursement dept?

Thank you.

 

[gam]

I got the forms from the Friend of the Court to start the ball rolling to get reimbursed for the outstanding medical expenses. I'm filling them out and have a couple questions:

What do I do with them when I've filled them out? Do I mail it to son's father with a copy to the Friend of the Court, or do I go to FoC and file them in person?

At the bottom of the form titled "Complaint and Notice for Health Care Expense Payment", it includes a certificate of mailing. It is to be signed as certification that a copy of the complaint was mailed to the other party. Where I need clarification, under signature line it says "Friend of the Court/Authorized representative".

For clarification, it has been over the mandatory 28 days since I sent the bills to Dad for reimbursement and I have proof he has received them. Do I now just send the forms to medical reimbursement dept?

Thank you.

Send them to FOC and send a copy to dad. FOC usually will contact the other party and request payment in another 21-28 days(not sure which it is). You will also receicve a copy of what they send dad, at least you should. If FOC agrees with all the expenses you have on there(you have x amount of time to submit from when the date the bill was due or x amount of time to submit from the date the insurance turned it down), and dad does not respond or send payment to FOC, FOC will then put it in arrears. They will then also send out a new CS amount with arrears repayment added on. You should receive copies of anything FOC sends to dad.

I believe the time frame you have to submit the bills is located in the child support manual or your FOC handbook.
http://courts.michigan.gov/scao/services/focb/mcsf.htm

 

[kaizen]

Dad responded to FOC's request for payment. He said:
"These expenses have already been paid by me. Please note that I have also paid for my son's health insurance premium and have not been reimbursed for it."

That is not true. Is the burden of proof on him to show he did in fact pay me for his share? Otherwise, I'm not sure what I can prove in our hearing that has been scheduled as a result of his response. Secondly, how can someone bold face lie about this? Is there not a consequence from the court for saying that when it's not true?

Our orders do not require that he be reimbursed for the health care insurance premium (COBRA) that he's chosen to carry.


Also, our hearing will be in front of a referee. Is everything that is said recorded, even if it's not relevant to the case at hand? I ask because I am worried he is going to get our son his drivers license in a few months, despite my telling him I do not agree to him having one. I am wondering if I find a way to bring this up at the hearing will it then preclude him from being able to say he was not aware of my wishes. *I'm dealing with a lying liar who lies and trying to protect my son and myself.

 

[PQN]

Add the drivers license issue to the complaint, don't just toss it in there verbally at court. Tell the judge that you do not want jr to get his license and that dad does want him to get it. Ask the judge to rule on it and that if he rules in dad's favor to also order dad to pay for non-owner liability insurance for the child (about $300/year or so) as even if you do not allow jr to drive your car, you could still be sued if he gets in a wreck.