Medical expense question

[filledeplage]

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

Noncustodial parent is required to pay half of all medical expenses not covered by insurance until child has graduated from a four-year college or turns 23 (which ever comes first). Child is 20 and in his second year of college. Noncustodial parent has not paid half of medical expenses (child has health condition that requires daily treatments) for a few years because he was previously providing additional insurance that covered what he would pay otherwise. Additional insurance was recently voluntarily dropped and noncustodial parent refuses to pay half of the now increased costs. Would the custodial parent be allowed to request that the doctor's office send half of the bill directly to the noncustodial parent, or would a court order be needed to make such a request? Or is the custodial parent going to need to pay the bill and go through the court to collect what the noncustodial parent owes?

 

[ecmst12]

If CP wants to protect his/her credit, then CP needs to pay the bill and sue NCP for his/her share.

 

[filledeplage]

I was hoping that maybe the doctor's office would be able to have his half of the bill put in his name only, so it would only effect his credit if he still refused to pay. I guess that is probably not an option? I was really hoping there would be another option than going back to court again, but I guess that is what will have to be done. Thank you for your help!

 

[ecmst12]

You can ask, but I really doubt the doctor would be willing to do this.

 

[ariastar]

I'm surprised the doctor isn't billing the 20yo for what's unpaid. I was a sick young adult and had to have daily treatment, and I was the one billed starting at 18, not my parents. I was the legal adult using the doctor's services, not my parents.

 

[TinkerBelleLuvr]

I get the billings for my 20 year old - WHY? Because she is on my health insurance.

 

[filledeplage]

Yes, TinkerBelleLuvr, that is exactly why the 20 year old is not billed; he is still covered under his father's insurance. Ariastar, it is in the court order that both parents will each pay half of the bill, whether he is a legal adult or not, as long as he is attending college until the age of 23. His father was actually the one that came up with the agreement and now does not want to fulfill what is court ordered.

Ecmst12, you are probably right about the doctor's office not being willing to send half the bill. I just wanted to make sure they would be legally allowed to do that or not before even asking if they would be willing.

 

[ecmst12]

Regardless of where they send the bill, you are BOTH legally liable for 100% of the payment (joint and several liability) and the doctor can choose to pursue either or both of you for it - entirely their choice. They are NOT a party to your divorce agreement.

Actually, since the patient is an adult, technically NEITHER parent is liable, except that you probably signed a guarantor agreement. Which means that you are liable but dad is not. You and kiddo are equally liable.

 

[filledeplage]

That makes sense. Thank you very much for the help!

 

[LdiJ]

Regardless of where they send the bill, you are BOTH legally liable for 100% of the payment (joint and several liability) and the doctor can choose to pursue either or both of you for it - entirely their choice. They are NOT a party to your divorce agreement.

Actually, since the patient is an adult, technically NEITHER parent is liable, except that you probably signed a guarantor agreement. Which means that you are liable but dad is not. You and kiddo are equally liable.

Maybe not...when my daughter turned 18 the doctor's office required her to fill out all new paperwork and I didn't have to sign anything.

However of course that is something that the OP would need to research...and doesn't solve the problem of the court order.

I absolutely do not and never will understand parents, when their child has an ongoing medical condition, that simply blow off responsibility even when there AREN'T court orders, let alone when there are.

He knew his child needed the addtional coverage...cancelling it makes absolutely no sense whatsoever unless the cost of the additional coverage was greater than the benefits. (which can happen sometimes) However that doesn't let him off the hook for his share of the unreimbursed expenses.