Health Care Costs

[meldresler]

What is the name of your state (only U.S. law)? I am in Kentucky; my ex is in Virginia and our agreement was mediated in VA.

We have a mediated separation agreement from summer 2007. It specifies that he will provide medical, dental and vision insurance. Below, in the same paragraph, it notes that "We shall pay, in proportion to our incomes, all reasonable and necessary unreimbursed medical, dental, or vision expenses ... that either of us incurs in excess of $250 per calendar year".

Here are my questions:
o he is refusing to help with medical bills because he says that he pays to insure her and thus, this counts towards his expenses. (His income is significantly higher than mine, but I'm not doing major calculations - just asking for some help with bills that were $1000 last year and are already $700 this year - very very serious flu, etc.)
o he does not have dental insurance as required above; her adult teeth are coming in extremely, extremely askew. Would he have to cover (all) dental expenses? Orthodontics?
o Her medical account was set up in his name and her medical bills go to him at my address (even though he has never lived here). I can't remember why - again, she is insured under his account, but I don't think I checked any boxes to make him "responsible". Would it be wise, legally, to just forward the mail or change the billing address?
o any thoughts about jurisdiction? Ironically, this [separation] all started because he decided he was relocating (on his own) to another state, but has been unable to sell the house. Thus, he's still in the state where we mediated the agreement, etc. He has threatened to bring me back there for further mediation.

thanks for any suggestions

 

[Silverplum]

What is the name of your state (only U.S. law)? I am in Kentucky; my ex is in Virginia and our agreement was mediated in VA.

We have a mediated separation agreement from summer 2007. It specifies that he will provide medical, dental and vision insurance. Below, in the same paragraph, it notes that "We shall pay, in proportion to our incomes, all reasonable and necessary unreimbursed medical, dental, or vision expenses ... that either of us incurs in excess of $250 per calendar year".

Here are my questions:
o he is refusing to help with medical bills because he says that he pays to insure her and thus, this counts towards his expenses. (His income is significantly higher than mine, but I'm not doing major calculations - just asking for some help with bills that were $1000 last year and are already $700 this year - very very serious flu, etc.)

He's wrong -- his order to provide insurance is separate from the uncovered medical. He and you are to split the uncovered medical according to your income split in the divorce. For instance, he has 70% and you have 30% -- just for argument's sake. You need to look up those numbers in your decree. Then you provide receipts within a reasonable timeframe, say, 10 days, and he gets a reasonable timeframe, say 30 days, to pay his cost share.
If he refuses, you file for contempt.

o he does not have dental insurance as required above; her adult teeth are coming in extremely, extremely askew. Would he have to cover (all) dental expenses? Orthodontics?

No. You are to file contempt charges for his lack of dental insurance. You buy insurance and he reimburses you, is what likely will be ordered.
Orthodontics are an entirely separate matter. If your order doesn't cover them, you're SOL. You can try to have it modified, if you wish. Do a cost analysis before you go to court -- will it cost more to take it to court than to cover it?

o Her medical account was set up in his name and her medical bills go to him at my address (even though he has never lived here). I can't remember why - again, she is insured under his account, but I don't think I checked any boxes to make him "responsible". Would it be wise, legally, to just forward the mail or change the billing address?

I don't know.

o any thoughts about jurisdiction? Ironically, this [separation] all started because he decided he was relocating (on his own) to another state, but has been unable to sell the house. Thus, he's still in the state where we mediated the agreement, etc. He has threatened to bring me back there for further mediation.

As long as he lives there, the case stays there. YOU moved, it's YOUR problem that the case is not in your area. You will have to do all modifications and hearings in the original state.

thanks for any suggestions

You're welcome.

 

[meldresler]

wow, thank you thank you, so helpful. The VA attorney who reviewed the separation agreement for me in '07 said that after 6 months here, I could declare residency and ... can't remember ... something very important as far as changing jurisdiction. It was such a big thing I can't believe I don't remember the specifics of what she said.