Georgia -- Can I deduct medical expenses from child support?

[MAS2]

I pay the premium on my kids health insurance. Legal Shield has written up a document which states that my ex-wife is responsible for co-pays and any remaining balances. However, LegalShield has informed me that the document is not legally binding. Therefore, if my ex chooses not to pay any of the medical bills I will be responsible to pay them, in addition to paying child support and the health insurance premium . Thus far my ex-wife has refused to pay anything resulting in my account being sent to collections. I've recently paid one of the medical bills by taking it out of this month's child support payment. Will there be any consequences to this? Can my ex-wife take me to court for not making the entire child support payment? And for future reference, is it wise to deduct medical expenses from my child support payment ?

 

[stealth2]

Did the court order you to pay $XXX child support minus medical expenses? (I'm going to guess the answer is no.) Then you'd best not do it. If the court order has her responsible for any portion of medical expenses and she's not paying? Then you need to file against her for contempt.

 

[MAS2]

The court calculated my child support payment based on the health insurance premium that I pay monthly for my kids and obviously my income. Outside of that, there isn't anything else in place that addresses medical expenses. When I consulted LegalShield through my employer they wrote up a document that stated that my ex-wife would be responsible for balances. Legal Shield also told me that it's not legally binding therefore, and if she doesn't pay it, I'm stuck with it. What I want to know is can she take me to court for this? For example, let's say I pay $500 in child support and I take out $160 for medical expenses, can she take me to court for $160? Are there grounds for litigation ?

 

[TheGeekess]

The court calculated my child support payment based on the health insurance premium that I pay monthly for my kids and obviously my income. Outside of that, there isn't anything else in place that addresses medical expenses. When I consulted LegalShield through my employer they wrote up a document that stated that my ex-wife would be responsible for balances. Legal Shield also told me that it's not legally binding therefore, and if she doesn't pay it, I'm stuck with it. What I want to know is can she take me to court for this? For example, let's say I pay $500 in child support and I take out $160 for medical expenses, can she take me to court for $160? Are there grounds for litigation ?

It seems that you do not have a court order that allows you to withhold anything for any reason from the child support. If you do not pay the child support in full, either Mom or the State (I am assuming your are paying Mom through the State CSEA) will eventually file for the Court to hold you in contempt. That piece of paper you received from LegalShield? Worth nothing, as they told you. They cannot give you permission to 'bend' the court order.

 

[Ohiogal]

The court calculated my child support payment based on the health insurance premium that I pay monthly for my kids and obviously my income. Outside of that, there isn't anything else in place that addresses medical expenses. When I consulted LegalShield through my employer they wrote up a document that stated that my ex-wife would be responsible for balances. Legal Shield also told me that it's not legally binding therefore, and if she doesn't pay it, I'm stuck with it. What I want to know is can she take me to court for this? For example, let's say I pay $500 in child support and I take out $160 for medical expenses, can she take me to court for $160? Are there grounds for litigation ?

You are responsible for what is court ordered. Which means the insurance premiums and child support. Why would you take out money for medical? You need to pay the court ordered child support ($500) and if you want to take some out, you need to go to court if she doesn't agree.

 

[HRZ]

unless you are looking to create problems for youself...you pay Mom as ordered...if the order is silent about responsibility for co pays...you petition court to add that provision..like Mom shall pay ot its split X/y or whatever ...great peril to make up own rules unless court so orders.

if Mom takes child to doctor, why are you getting the bills anyway?

 

[not2cleverRed]

Pay the child support as ordered. Because child support court orders are legally binding.

If there is money owed for medical expense that she is supposed to pay but refuses, it seems that you have a problem, as you have been told that the agreement is not legally binding.

It sounds like a rather useless service. If the agreement were part of a divorce decree or some other court order, you could go to court and ask for a judgement against her. But "not legally binding" means that it's not enforceable...

 

[stealth2]

The court calculated my child support payment based on the health insurance premium that I pay monthly for my kids and obviously my income. Outside of that, there isn't anything else in place that addresses medical expenses. When I consulted LegalShield through my employer they wrote up a document that stated that my ex-wife would be responsible for balances. Legal Shield also told me that it's not legally binding therefore, and if she doesn't pay it, I'm stuck with it. What I want to know is can she take me to court for this? For example, let's say I pay $500 in child support and I take out $160 for medical expenses, can she take me to court for $160? Are there grounds for litigation ?

You pay what the court ordered you to pay - it was not a suggestion. So yes, you could be taken to court and found in contempt, then ordered to pay what you owe, plus interest. If it happens often enough or the judge is annoyed enough? You could be ordered to pay any legal costs she incurs.

Whatever you got from LegalShield? As legally useful as soiled toilet paper.

 

[HRZ]

IF Mom is taking child to doctor why is she not getting the co pay bills?

WHatever you got from your legal service provider " might" contain useful language to petition the court to use to modify your support agreement . Absent being language in the order, stealt2's description applies. THere is a fair amount of posting on line about insurance co pays in divorce situations and how courts address it , various formulas ...go to your attorney for advice as to best likely outcome locally (one with jurisdiction for order ) and use him or her to petition the court

 

[stealth2]

IF Mom is taking child to doctor why is she not getting the co pay bills?

First - "co-pays" are generally due at time of service. You're likely thinking of "uninsured" costs that the patient is billed for. It's possible that the doctors are taking OP (as the one carrying the insurance) as the responsible party. It's possible that Mom is listing him as such. We simply don't know.

I am, however, surprised that the court order does not include any wording wrt uninsured expenses.

 

[HRZ]

Stealth2 is probably correct that the Issue is the uninsured portion ....some here may have practical experience ..or OP, start calling the service providers and discuss how to get the bills to the parent consuming the service ...the doctors office is not privy to your order nor are they mind readers ...it would,seem as posted , your only duty is to provide the insurance coverage portion ...and the last forms I saw at local medical office were far from clear as to the portion about who is paying what ..the billing problem might be at service provider level not with Mom Do some street level homework ?

 

[Zigner]

... OP, start calling the service providers and discuss how to get the bills to the parent consuming the service ...

The parent isn't "consuming the service". In any case, both parents are responsible for the expenses of their child - the provider can go after either (or both).

 

[HRZ]

One specific parent is engaging the service ..and I suspect that specific parent is filling out the forms. ..I suspect the issue arises in how the forms are filled out and how the provider does the billing.

AT least as posted, the OP is ordered to pay and provide for insuarance coverage ...and seemingly he did that . OP is wrong to seek to deduct anything from ordered support ....but it seems Mom may well be wrong to direct an bills to Dad for expenses in excess of what he was ordered to address via insurance . OR. It might be a simple error in billing ?

 

[SESmama]

For my edification but if OP is the only one carrying insurance wouldn't the doctor's office possibly be sending the uncovered costs to the insurance holder?