medical expenses

[pt1212]

Minnesota:

My ex wife is trying to collect medical expenses
from the last 5 years. 99% of the expenses were for copays on presciptions
etc. The divorce decree only states that we split medical expenses except
her insurance costs. My question is, Can she collect the money for these
copays from over the last 5 years , if she had never requested those payments? My feeling is those copays should be part of my child support.

 

[nextwife]

CoPays are medical expenses and split in accordance with the divorce decree/CS order.

 

[topsidder]

I would contest. Five years is a long time to wait to submit bills. Check your state laws on statue of limitations for notification of debts, for collection of debts, etc. Be careful, medical debts may be classed seperatly.

 

[dishealth11]

Minnesota:

My ex wife is trying to collect medical expenses
from the last 5 years. 99% of the expenses were for copays on presciptions
etc. The divorce decree only states that we split medical expenses except
her insurance costs. My question is, Can she collect the money for these
copays from over the last 5 years , if she had never requested those payments? My feeling is those copays should be part of my child support.

She can collect from the date of the order, unless otherwise stipulated in the order. Have you paid any medical expenses since the order was issued? IE, did she exclude copays when requesting your share of med expenses?

 

[winn dixie]

Just because I would like to know...does anyone know if there are some sort of timelines that a person has to ask for these sort of things? I though I had read somewhere on a post that one could argue that a parent couldn't just save up receipts and then tell the other parent to pay up a huge sum at one time.....

 

[dishealth11]

Just because I would like to know...does anyone know if there are some sort of timelines that a person has to ask for these sort of things? I though I had read somewhere on a post that one could argue that a parent couldn't just save up receipts and then tell the other parent to pay up a huge sum at one time.....

Not sure, but I would guess that whatever is owed would just be added to the arrears if it isn't paid in a lump sum.

 

[Kevmar44]

I'm curious...why do you think co-pays should be covered under CS? It's a medical expense. It's probably the ONLY medical expense you have to pay if it is just a doctors visit or a pharmacy bill, right? Granted your ex should have been keeping you current on them, not waiting 5 years, but you had to have known that she was incurring these costs all along.

 

[critterperson]

I'm curious...why do you think co-pays should be covered under CS? It's a medical expense. It's probably the ONLY medical expense you have to pay if it is just a doctors visit or a pharmacy bill, right? Granted your ex should have been keeping you current on them, not waiting 5 years, but you had to have known that she was incurring these costs all along.

You Hit it right on the head Kevmar44!...........The judge will tell him the same thing. Yeah maybe she shouldn't have waited but he will most likely have to pay.

 

[stepmom65]

Just because I would like to know...does anyone know if there are some sort of timelines that a person has to ask for these sort of things? I though I had read somewhere on a post that one could argue that a parent couldn't just save up receipts and then tell the other parent to pay up a huge sum at one time.....

In California, the other parent has to be notified within 30 days of payment.

 

[Kevmar44]

I'm from Ohio and there is nothing that I have been able to find in any paperwork that states 30 days. And in some cases when insurance is involved, it is next to impossible to send notice w/in 30 days.

 

[sparky31676]

She can collect from the date of the order, unless otherwise stipulated in the order. Have you paid any medical expenses since the order was issued? IE, did she exclude copays when requesting your share of med expenses?

What about expenses from the birth of child, if they were married at the time and CS was not ordered until months later.

 

[Kevmar44]

My point exactly!! There HAS to be some "clause" in every state that covers situations like that or the fact that the other party knows the child takes medication every day and that there will be a prescription filled every month! In my case I've let my ex know w/in 30 days and he just blows me off! I've given him notice in person, by regular mail and by certified mail. In his case it will be no one's fault but his own that he gets 3 1/2 years worth of bills "all at once" when we wind up in court over it!

 

[haiku]

you need to read your basic state guidelines, and also your own court papers.

Some states, for example, make the custodial parent responsible for the first 100 dollars yearly of uninsured medical expense. (this alone would likely take care of a years worth of co-pays for a healthy child with good ins.) Not to many parents are aware of this until things get ugly-I had no idea until we got socked with thousands of dollars in unpaid medical, and read the STATE guidelines.

Secondly, if your order does not address it, if your ex does take you back to court, ask to modify your order, giving both parties 30 days to present the bill, or they pay the full cost, and that each of you should pay the service provider directly, NOT each other. Also don't forget to include that a parent who goes outside of the available ins, even if the ins would cover the service pays for the full amount of the bill incurred.

 

[racerwife]

Minnesota:

My ex wife is trying to collect medical expenses
from the last 5 years. 99% of the expenses were for copays on presciptions
etc. The divorce decree only states that we split medical expenses except
her insurance costs. My question is, Can she collect the money for these
copays from over the last 5 years , if she had never requested those payments? My feeling is those copays should be part of my child support.

The copays are not part of the child support. Your divorce/child custody agreement should state how long your exwife has to present you with the bills. I know mine states I have 30 days from the time the bill was incurred to notify my exhusband of his responsibility. You also need to check your agreement and see if it states that you are indeed responsible for a portion of the copays and how much that is. My ex is not responsible for keeping insurance on our kids but our agreement does state he is responsible for 50% of all the balances after my insurance pays. On several occasions I have presented him with the bills within the time I'm supposed to and he has NEVER paid his portion. As much as I would like to side with your ex, she IS in the wrong for waiting so long to try and collect from you. Watch out though, she may be able to do a discovery and take you back to court and try to increase your child support amount.

 

[racerwife]

What about expenses from the birth of child, if they were married at the time and CS was not ordered until months later.

According to my Mississippi lawyer, both parents are equally responsible for all bills incurred for the birth of a child. The CS order should be written to include these expenses as well. (A good lawyer would be helpful!)