ordinary medical expenses

[MBuck]

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

My ex wife claims to have paid her portion of the ordinary medical expenses. I am concerned because she used to work for a dentist office and has good friends who still work there. I wonder if they gave her receipts for dental work that she did not pay for. She called me and asked if she could just show me the receipts to avoid court. here are my questions:
1. is it true that you have to go to court once the medical expenses are met?
2. is it recommended that you go through with court proceedings to keep everything legitimate?
Any information on this topic would be helpful. thanks

 

[swtwilma]

Do your children have dental insurance?

Do you have joint medical?

Have you called the office and requested reciepts and services provided for your children?

Have you checked with the insurance to see what claims have been filed?

What does your court order state in regards to uncovered medical costs?

Did she provide you with proof of payment by voided check or payment reciept?

 

[MBuck]

the children have dental insurance, although not great. our situation is different because neither of us is the custodial parent. We share custody and parenting time. She is ordered to pay 425.00 and 39% of uncovered expenses after the 425 is met. She won't provide me with anything, before she was planning on going through friend of the court but now to avoid court she's willing to provide receipts. The women at the desk of the dental office are her best friends. I didn't want to call and ask for proof from them because she would definitely find out about it and I am trying to keep the peace for my kids sake. I have not checked the insurance, but when she worked there they did not make us pay for uncovered dental work. I hope that i've answered your questions to help get some guidance. Thanks
It is not joint insurance, it is provided through my work

 

[swtwilma]

Well you need to go to the dentist office and ask to see your kids dental records and actual charges ... billed and paid. It doesn't matter who is working, those are legal documents that you have a right to see. You can also call the insurance company and have them send you copies of all the claims filed with them for dental work.

Since you have joint you should be able to see all of your kids medical and dental records unless there is something in your court order stating you can not.

You don't know that they are producing false documents and I would hope your ex's friend would know what a legal mess that would put her in. So do your homework and figure it out.

If you do your homework and find that it is on the up and up, pay. If not, then let her take you to court and she will have to provide all of the documentation to the court.

 

[MBuck]

great! thanks for the advice. Just to clarify, I don't actually owe anything and it's not a matter of paying. that's another issue i don't understand, because usually you go to court to enforce payment, but it sounds like she is interpreting it that to prove she has met her amt we need to go to court with receipts.

 

[swtwilma]

Usually it will be written in your court order: Dad to pay ___% and Mom to pay ____% of uninsured medical expenses. Then the parent that takes the child has so many days to provide the reciept and the other parent has so many days to pay their part. If those time periods have lapsed then the unpaid party can file with the court to enforce non payment of medical expenses. Does that make sense? Does your court order word things differently?

 

[MBuck]

no, that is how it is worded. after she has met the 425, I pay 61% and she pays 39%. However, the dentist is the only dr she takes the kids to because i am a teacher and have summers off and the dentist office is full of friends of hers. Thank you.

 

[MBuck]

Went to the dentist office today and found out the account is in arrears of 320.00 with only 70.00 being paid this year. We will see what happens from here.

 

[swtwilma]

Has she paid anything so far this year? If not then she is court ordered to pay the entire $390 since she has not met the $425 limit yet. If other expenses have been paid by her that are documented then you will just subtract that and go from there.

For example if she has paid $200 in prior bills then she would pay $225. The remainder of the bill at the dentist is $320 mom pays up to $425 which is $225 = $95. You would then pay 60% = $57 and she would pay 40% = $38.

All you are required to do is either pay the dentist the owed amount (if she has not paid) gather your reciepts and send them to her. If she has paid the bill in full (which is what I do) you would then pay the 60% you owe to her and let her deal with the dentist. Either way keep a folder with copies of checks and the reciepts and your math for your records.

There is no need to go to court for this since the court order already specifies how to deal with medical costs. When and if you do not pay is when she would file for enforcement. I hope this answered your question.

 

[TinkerBelleLuvr]

Question: What is the ordinary healthcare supplement?
Answer: Each child support order issued or modified after October 1, 2004 will include an amount that the non-custodial party will pay each month toward “ordinary uninsured healthcare expenses” incurred on behalf of the minor child(ren). This will assist the custodial party in paying for the minor child(ren)’s health expenses as they are incurred. The custodial party may not seek reimbursement from the non-custodial party for the “extraordinary uninsured healthcare expenses”, until the ordinary healthcare amount of $289.00 per child has been met annually.

Macomb County, Michigan: Circuit Court: FOC FAQ

I am the custodial parent. I basically pay for the first $289.00 in medical expenses. After that, dad pays his %. These can include aspirin, thermometers, etc. I have to have my receipts to PROVE that I paid these.

Now, in your case, your amount is $425 probably because of the way you split the bills. If it were me, I would ask for proof of payment, such as cancelled receipts or credit card statements. The statements from the doctors office showing payment would also be appropriate cuz any payment there would have run through their computer system. I wouldn't just accept a "receipt" on these - make sure they are the statements.

 

[MBuck]

She is refusing to provide me with the receipts. She keeps blowing me off when i ask for them. Do i need to send the receipts that i have via certified mail or what? I feel like there is nothing I can do except ask her over and over again, which gets me nowhere.
She has only paid 70.00 (with 320.00 remaining) of the dentist and i have paid 80.00 (full payment) of the optometrist. When i asked her for repayment of the 80.00, she stated that she met the 425.00 (i found out later that this was a blatant lie). I understand that after the 425 is met, i pay my % but she will not provide me with proof that it has been met. In the meantime, the dentist bill is severely past due and She owes me money that she will not pay. Any suggestions on how to proceed? Thank you

 

[LdiJ]

She is refusing to provide me with the receipts. She keeps blowing me off when i ask for them. Do i need to send the receipts that i have via certified mail or what? I feel like there is nothing I can do except ask her over and over again, which gets me nowhere.
She has only paid 70.00 (with 320.00 remaining) of the dentist and i have paid 80.00 (full payment) of the optometrist. When i asked her for repayment of the 80.00, she stated that she met the 425.00 (i found out later that this was a blatant lie). I understand that after the 425 is met, i pay my % but she will not provide me with proof that it has been met. In the meantime, the dentist bill is severely past due and She owes me money that she will not pay. Any suggestions on how to proceed? Thank you

If she owes the balance to the dentist and is the only one reponsible to pay it, then ultimately she will meet her 425.00.

That's honestly something that you have to take into consideration. If she put it on her credit card, for example, you likely would consider it paid, yet it would still be an unpaid debt.

 

[MBuck]

that makes sense, but then if the debt goes unpaid my kids can't go to the dentist. If it goes on her credit card, at least the kids can continue to get dental care. The debt is outstanding....and i don't know if i could be held accountable.

 

[swtwilma]

You can always take them to another dentist on your time.

 

[MBuck]

I could and would definitely do that, but if i didn't pay my CS nobody would be advising her to just deal with it. Is there really nothing i can do?