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child support - medical expenses

ReginaPhalange's picture
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Does anyone know the law in CA for unreimbursed medical expenses?

SS is now 18 and out of high school. Ongoing child support is done with (Whoohoo!).  Court docs state Father shall pay 50% within 30 days of being provided with written receipts from the Mother.

10 years ago BM would hold on to all receipts and give us 6 months worth all at once.  When we told her she couldn't do that because it made it harder for us to pay it, she would say that she would stop sending us receipts and hold on to everything until we catch up on paying her back.  SS always had medical visits and prescriptions because of his ADHD.  Throughout the years, I know BM didn't have co-pays because of change of insurance, and many years ago we stopped getting his pills for the weekend so we don't even know when he stopped his prescriptions.

BM stopped sending us receipts 10 years and we stopped paying medical reimbursements - because we didn't get any receipts from BM.

Does anyone know if she would be able to take us back to court for those medical expenses?

Goodluck's picture

Did the court order say anything about BM must provide dad with all receipts no more than 30days to receive reimbursement.

IF you are unable to find this answer---it might be worth calling dh's lawyer OR making a free consultation appointment with a family attorney in your area.

Have you googled it? Edit to add: I DID and found a general response from a lawyer years ago....send a certified letter to BM and SHE has 30days to respond to turn in all old medical bills that you need to pay a percentage of. And see what happens after you send it... Also, it may be at the discretion of the sitting Judge.

IF bm has not sent dh a bill for years and years, it might be too late for her to ask for the money now. You do know her address right? She did know dh's address right? OR did she ghost ya's. Is it possible she married a guy who had great insurance and added the child?

Keep us posted, ok?

GoodLuck

 

ReginaPhalange's picture

Court docs only say Father has to pay within 30 days.  Doesn't stipulate a timeframe for Mother to provide them.

Father and Mother have been in contact all this time, as SS has been visiting regularly. 

Back then, Mother had issues sending receipts.  She would lose them from time to time and then would say "It's a technicality", "You know how much his prescribtions and co-pays are", etc.  Although over the years, insurance would change.  There was a period of time that I know she did not have to pay a co-pay and I believe SS stopped taking prescription about 4-5 years ago.

I'm farily certain she does not have copies of any of the past medical expenses, co-pays, etc.  

My only concern is that if she tries to go to court to get any kind of back pay.  In CA, $500 unpaid expenses can turn into $7000 arrears. 

Saints Are Back's picture

“I'm farily certain she does not have copies of any of the past medical expenses, co-pays, etc. “

If she does not have any receipts of medical expenses then how would she claim any pay back? Your husband can cave in and pay for “you know how much this prescriptions are”, but if he has a spine to go to court, she must show a proof of expenses and if not he can fight it. But then again, it’s California we are talking about...

Happened only once with us - bio mom claimed she spent over $200 in the past four years for co-pays. We knew it was a BS as she had no receipts , but we decided it was not worth the drama, so we just gave it to her. We told her tho, from now on to make sure to keep all of the receipts:) Sure enough, after talking to the insurance it turned out that for the past four years she paid co-pay only once. It kind of made me mad, but then I realized how petty this person was and I doubt that the $200 was the solution to her miserable life.

If his son is in your husband’s insurance, like in our case, you can always request a copy of expenses. 

 

 

Rags's picture

The SpermClan never paid a penny of unpaid medical expenses though we repeatedly have sent them copies of all receipts.  When they showed up in court we attempted on several occassions to get the family law court to spank them on their failure to pay their half of unpaid medical expenses.  The family court Judge told us we would have to pursue it in Small Claims court.  Once it exceeded the limit for small claims, the family law Judge just got irritated and ignored out request.  

This was all in OR.  CA I am sure has its own court culture you will have to deal with.