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BM refuses to pay for anything

mac3178's picture

Submitted by mac3178 on Wed, 09/29/2010 - 1:04pm

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I am SM to two wonderful little boys and have been for the past 7 years. My BH lost his job over a year ago and we have been struggling since. However, I have managed to keep us afloat and continue to support the fam in every aspect. I also cover medical for the SK and my own; but BM refuses to pay any of the medical bills. The divorce decree states that she and BD are 50% responsible for these bills but her argument is that since the SK are on my insurance I am responsible and not her. If I remove them they no longer have medical and I don't want to do this, but I also want her to take responsibility. Do I have any legal recourse against her since she is not taking care of her 50%?

skylarksms's picture

Submitted by skylarksms on Wed, 09/29/2010 - 1:15pm

AGREE - and make sure that the lawyer asks the court for your lawyer's fees too since the BMs inaction is what is causing the hearing.

Orange County Ca's picture

Submitted by Orange County Ca on Wed, 09/29/2010 - 1:46pm

Have your attorney write her a letter stating what she is responsible for under the court order.

It should include 1/2 the premium and 1/2 of all co-pays. I.e. any out-of-pocket expense your husband occurs. I use the word husband because you have zero recourse. Only he does.

Couldawouldashoulda's picture

Submitted by Couldawouldashoulda on Wed, 09/29/2010 - 1:53pm

I agree w/Orange. If she doesn't respond to the demand for payment letter, Dad can always file an order to show cause w/in the existing divorce case so she has to explain to the judge why it is she doesn't feel that she needs to adhere to the court order.

smonster2's picture

Submitted by smonster2 on Wed, 09/29/2010 - 2:22pm

Make sure that you have proof that you have been making her aware of each and every bill she owes half of. In our state we have 6 months to notify of the expenses otherwise, we cannot bill BM for her half.

LizzieA's picture

Submitted by LizzieA on Wed, 09/29/2010 - 3:16pm

Boy, gotta love her reasoning. What's she smoking? She is darn lucky you have insurance esp with DH being unemployed.

skylarksms's picture

Submitted by skylarksms on Wed, 09/29/2010 - 3:25pm

Our BM told my DH to take SS to the eye doctor if he thought she needed to go (we noticed she had trouble seeing and sent a note home). We did. Our weekend was driving up to town to get kids and drive back (2 hr roundtrip), Saturday drive up to town again for eye appt and back (2 hr, Sunday - drop kids off.

ANYway - BM was mad because we had SD pick out her frames for new glasses. BM went back to same eye dr and got different glasses - which insurance didn't pay for as SD already got a pair AND they had our address down so they sent US the bill. BM refused to pay.

Needless to say, the judge was NOT amused by that and ordered BM to pay the ENTIRE bill (not just half).