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Unreimbursed medical bills....

Ithinkican's picture
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I’m not sure anyone knows this and my DH contacting my his lawyer again but the Ex-wife sent a letter out of the blue requesting medical premiums from 2014-2015! This is the first he’s heard about it.

This is in Washington state. Initially the lawyer said it’s been too long and the court would throw it out. He looked up the child support law and it says within 24 mths the Child Support Office will collect. But it’s been over 5 years.

The support officer said my DH  just needs to pay his obligation no matter how much time has passed. But she says that to every question he’s asked.

Anyone have any experience with this type of thing? 

ESMOD's picture

Usually a CO will stipulate that one parent will carry medical insurance and that further medical costs are split on some percentage.

I guess it depends upon the wording of his CO whether it is just actual medical bills.. or whether premiums etc.. could be included.

If he didn't pay his share back then ... I guess he should  now if the CO is mute on a time lapse.. since the office is telling you he should pay back amounts.

Rags's picture

BM can send whatever bills she wants but if it is not stipulated in the CO your DH does not have to pay a dime.

Premiums are not reimbursable by the other parent to my knowledge.   

In our case the NCP was ordered to provide insurance and never did. So, his CS was increased to cover the additional costs for either me or DW to cover SS on our employer provided insurance.  Any medical expenses not covered by insurance the NCP was required to pay 50% of. Includihng office visit do-pays, Rx co-pays, etc......

 

tog redux's picture

He can fight it, but he will likely lose. Worth a try, though. Even if it's not in the CO, they will most likely ask for him to help pay them, especially if the CO says nothing about medical expenses or a deadline.

Cover1W's picture

WA State will collect anything they can.  Expect him to have to pay, esp. if it's stipulated in the CO.  I would think the only out would be if there's a statement that he must receive the request for payment w/in "X days" and proof of delivery (email read receipt, certified mail, something like that). Otherwise, prepare to receive something from the state regarding collection.

notarelative's picture

Random thoughts

He needs to check what the court order says about who has to carry the insurance. If BM has to carry the insurance, the $s for his share of  the premium (I would think) are built into the CS.

If this is for 2014-2015, are there other years that BM is expecting payment for once she gets these?

What is the statute of limitations for debt in the state? 

Ithinkican's picture

This is from the Washington child support division. It seems to state 2 years but she can take him to court (which she’s likely to do)

“The party seeking reimbursement must ask DCS to serve a notice of support owed for medical support within two years of the date that the uninsured medical expense or premium was incurred.

Angel The fact that a request that DCS serve a notice of support owed for medical support is denied, either in whole or in part, does not mean that the party cannot pursue reimbursement of those uninsured medical expenses by proceeding in court.”

tog redux's picture

I'd say if she takes it to court, she has a good chance of winning. At least here, they feel like if bills need to be paid, both parties have to pay them.