Soldier not paying kids medical bills

[mrsbrown]

What is the name of your state?AL

My husband sent the medical bills certified mail to the mothers commander. Asking for a payment within a week of the last payday. She sent me an email saying that when she had extra money she would send it, but that she wanted to buy a ticket for a trip to Texas during her upcoming leave and she would definately not pay the kids medical expenses instead of paying her cell bill and other expenses.

Their divorce decree states that she is responcible for a portion of the medical bills. She hasn't paid any of it in 2 years. What can we do? Can her commander help enforce it? Should my husband speak to someone else abover the commander?

My husband is worried that the military won't help because she will lie and say that he is just hassling her. What can be done? Thank you.

 

[Shay-Pari'e]

https://forum.freeadvice.com/search.php?do=finduser&userid=201707

You have been answered NUMEROUS times.

 

[mrsbrown]

Sorry, now I am asking because we didn't get a responce from the Mom or her Commander. Just wondering what to do next. Thanks.

 

[fozzy2]

We could use an FAQ on this.

Yes, the military can assist you. The service members commander can not order them to pay a civil debt, but they can 'counsel' them as to their responosibilities and prosecute under the UCMJ in extreme cases of nonpayment of debt. If you want to get paid, however, you need to contact the people that handle military pay -- the DFAS (Defense Finance Accounting Service). Below is one of many web sites that discusses getting support/debts from a service member:

https://www.benning.army.mil/SJA/Family%20Law%20(Other).htm

If you are going to try and get an involuntary allotment started yourself, you need to to fill out a "DD Form 2653" and mail it with the required documentation to the address on it (DFAS). A copy can be found at:

http://www.dtic.mil/whs/directives/infomgt/forms/eforms/dd2653.pdf

Basically, you need to have a certified copy of the court order and written notice that the service member is at least 2 months behind in payment (usually from a court or the state agency).

 

[mrsbrown]

Thank you! He did contact the courts about this (hoping for some order to provide proof that she hasn't paid the bills) but they said that he would just have to get a lawyer and take it to court. Is that true since she is breaking the court order?

So, he needs some documentation from the court of no payment to give to DFAS. With the court being unwilling to provide that...any suggestions?

 

[fozzy2]

You might want to contact your state's child support enforcement agency.
Indeed, if you don't/can't hire an attorney that is probably where you should be starting.
If they certify that the money is owed and has not been paid in accordance with a court settlement, that might do it. However, it may be necessary for you to hire a lawyer and file a suit for the specific sum you are seeking.

One factor is that your settlement apparently requires payment for a "portion of medical expenses". The problem is, this is not a set amount, so DFAS won't know how much is owed, the service member might contest the amount, etc. You will have to sit down and document how many $$$ have been spent, calculate what portion is owed, and have it finalized in a judgement (or, if you are lucky, certified by the state as I noted above, if that will satsify DFAS).

 

[chrisdizz22]

are the children not covered under DEER's- if their mother is a active duty soldier then they should be...

 

[mrsbrown]

The portion she owes is stated specifically in the divorce decree. She pays a certain percent of any remaining bills or copays...I guess I was vague earlier. Sorry.

No, they aren't covered by DEERS. She hasn't taken care of it since she joined the military. We are talking about a parent who will do the absolute bare minimum...and only when forced by the courts..ie garnishment for support.

Their insurance is thru my husbands work. And most of the bills are copays or things like that. It isn't a huge amount at all. But it is like pulling teeth to get her to support the kids.

Anyways, even if she put them on DEERS we would still have to pay for insurance for us. So we would still take them to the doctor down the road rather then take them on base. Plus I stay home with them and since I am not their birth parent I can't take them on base for treatments. We would use Tricare as a secondary for sure if we had it. But we don't and we can't count on her staying in the military either. It is safer to just keep them on the Dad's plan.

 

[chrisdizz22]

The portion she owes is stated specifically in the divorce decree. She pays a certain percent of any remaining bills or copays...I guess I was vague earlier. Sorry.

No, they aren't covered by DEERS. She hasn't taken care of it since she joined the military. We are talking about a parent who will do the absolute bare minimum...and only when forced by the courts..ie garnishment for support.

Their insurance is thru my husbands work. And most of the bills are copays or things like that. It isn't a huge amount at all. But it is like pulling teeth to get her to support the kids.

Anyways, even if she put them on DEERS we would still have to pay for insurance for us. So we would still take them to the doctor down the road rather then take them on base. Plus I stay home with them and since I am not their birth parent I can't take them on base for treatments. We would use Tricare as a secondary for sure if we had it. But we don't and we can't count on her staying in the military either. It is safer to just keep them on the Dad's plan.

well youd figure that mom would put them on deers since it doesnt cost anything and is part of military benefits- I think that you dont have to go to a military base to get treatment, you have to call tricare to have the treatment approved first. I could be wrong. then you could also keep them on dads insurance just incase tricare wouldnt cover something. but this way you could keep you dealings with the unrelyable parent to a minimum. and save yourself some money..

 

[rmet4nzkx]

Rather than guessing what Tricare will or will not pay for why not take the time to check rather than make a problem.
http://www.tricare.osd.mil/provider.aspx

 

[mrsbrown]

Well, you would figure she would do a lot of things for her kids...but that doesn't always happen. Oh well. We like our insurance and the kids love the doctor.

We have had Tricare in the past when their Dad was in the military. So we have faced their issues before. Main problem is that Dad would have to take them in for treatment and that doesn't work now that he has a civilian job. I am the one who stays home and with a regular DR. I can just take them in while he is at the office. The other thing is that we were told since a post is nearby (30 min or so) he would need to take them on post. In the past when we tried to just call and take them somewhere else (hospital in the middle of the night while on vacation for a screaming child with a new ear infection)...we were told to wait and go back to post. So, Tricare would always be a secondary..IF she ever enrolled them.

DHR responded yesterday to our calls. They are mailing the paperwork to do a modification and said to put a note to pursue medical bills as well. So, I guess it will get handled that way. Thanks for all the help.

 

[gphjr]

I don't think I read where the mother is stationed at, however since your located in Al you can contct the Fort McClelan(not sure of the spelling) Inspector General (IG) Office for assistance. They will contact the IG Office at the soldiers station and apply the necessary pressure to have her pay. You will need to have a copy of the court order stating what percentage of the no covered medical she is supposed to pay. They will assist you. I have been there with my EX. My EX is a 1st Luitenent and I am enlisted. After months of asking her to pay her 40% I contacted the IG and less than a week later the doctor called to thank me becasue she went and paid her balance in full.

They can also assist you with getting the children put on TRICARE. If the soldier has the children under TRICARE Prime remote your medical bills are minimal. My oldest is under it and I only pay for medication which is between 3 and 9 dollars. Although finding a doctor can get difficult it really saves dollars.

 

[mrsbrown]

She is stationed at Fort Campbell, KY. The debt isn't owed to the Doctor's office...we have paid it in full. It is owed to the Dad. Would he just contac the IG office at her location? I am not military so let me double check this...he contacts IG and provides copy of court order and the bills to show what is owed. Then they will just pressure her to pay him? Sounds easy enough! Thanks!

The Tricare issue is another story. If she enrolls them we will use it as secondary insurance. We have to pay the 250.00 a month to my husbands work regardless to cover myself and him. The amount is the same whether it is the 2 of us or all 5 of us. I also can't take them on base where we live and we have tried to do the referral dr. thing with them in the past (Dad was military) but it was horrible. We would use it as a secondary though.

 

[gphjr]

Yes you can just contact the Fort Campbell KY IG Office to help make it happen. It is a very easy process when your ducks are in a row. since you have already paid the bill they will assit your husaband with getting back the money. Please keep in mind that these are his children and he must take part in the recovery of his money. You can also use TRICARE as a secondary which will reduce the out of expense.

 

[mrsbrown]

Oh, thanks again. I have no desire to contact her or the military directly. I just help with the behind the scenes stuff. Thanks.