Med. Exp prior to Decree

[goodmama1]

What is the name of your state?Indiana. Divorce decree dated June 2005. Says father pays first $1200 in uncovered medical expenses annually, then 50%. There are $1500 in pre-decree medical bills for 2005. He won't pay them because they are in mother's name. He knows hospital won't hold him responsible. Mother can't take him to court right now because the custody decision is in the appeal court and is told trial court won't hear anything until after appeal decision is given. For tax purposes the IRS says that a Divorce decree written in 2005 applies to 2005. Does this also apply to medical expenses or will Mother just have to wait 6 mos for an appeal decision on custody, then go to court for clarification on this medical expense issue. Mother is paying the bills, but REALLY thinks he should be.

 

[MrsK]

If they are dated before the decree, he may not be responsible for them. If you cant go back to court right now, I'd go ahead & pay them. Then, if/when you CAN go back to court, he may have to reimburse you.

Is there no medical/dental insurance for the child(ren)?

 

[goodmama1]

They are dated prior to the decree. He carries insurance on children. These expenses are what is left after his insurance paid. What are the chances the judge will tell him to pay the first $1200? I am paying the bills in order to protect my credit and stay out of collections. Most decrees state terms for dividing expenses annually. But few decrees are set down on the first of the year. Isn't it typically accepted that the decree applies to the entire year? Otherwise, from now on, we'll be dividing bills on a June to May basis instead of the normal Jan to Dec like insurance companies do. Why would the decree be so vague on this time period if it weren't supposed to be obvious? I need some assurance the law is on my side, otherwise it may not be worth it to me to go back to court on this issue.

 

[MrsK]

Its pretty hard for anyone to say what a judge might decide. They have a lot of freedom. The judge MAY order that he pay all of the bills for 2005, or he may say that he only has to pay from the date of filing or the date of the judgement. Child support works that way, the judge may decide to let him pay just from the decree. Or, he may have to pay them all. Maybe you could consult an atty who will be able to tell you whats more likely to happen.