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Unreimbursed medical bills....

Ithinkican's picture

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. 

Stressed19's picture

Court order stipulates 50% of all other expenses.. Including any copays or bills not covered by insurance along with child care... Ex has paid zero and instead responded with her list of bills.... Asked her to take out from what she owes me... Have not received a response from her..... I also cc my lawyer... What are my legal options?

Rags's picture

Either inform her that no reimbursement of her submitted statement will occur until she pays in full anything she owes to you .. or deduct what she owes you from her claim of what you owe her then send it back to her for her signature.  Don't pay a thing if she does not sign the corrected statment.  Odds are that the Family Law court will not even consider it.  We attempted to collect the $thousands that the SpermIdiot owed us for his half of SKid medical, Dental and Vision expenses not covered by insurance and the Judge told us to take it to small claims court and not waste his time. So, hwe have billed that POS twice a year for what he owes us and we have kept up billing him for more than 20 years.

That POS still owes us for every penny of his half of medical expenses for SS-27 that were not covered by insurance including half of the hospital bill for when SS was born..... plus continuously accruing penalties and interests in alignment with the IRS penalties and interest tables.  We send that POS a bill twice a year with his new balance (penalties and interest applied) just so we can keep reminding him of what a POS he is, so we can keep our claim against him active... and so if the spirit ever moves us... we can drag his useless ass to court for one last ass baring embarrassing and public review of his complete lack of character and marginal value as a father and a man.

Good luck.  I would be suprised if your family law judge will do anything about it.  I suggest going around the family law judge and straight to small claims court. 

Stressed19's picture

The 50% is clearle stated in the cort order... Does this mean anything???? We shouldn't have to go to small claims for expenses clearly stipulated in the custody order. When I owed mom arrears they witheld my income tax refund! ALL OF IT! Why is this any different? Legal system is completely unfair if it doesn't even enforce what it mandates!!

Rags's picture

SpermLand judges are biased idiots.  I agree that it should not take a small claims court action to collect what is already court ordered.

I'm sure that had we lived in SpermLand the Judge would have smacked the SperClan for refusing to pay what was clearly ordered.   

Since we were foreigners to SpermLand the idiot in the Harry Potter robes slinging the stupid Fisher-Price wooden hammer refused to do his F'in job and passed us off to yet another Judge.

It makes no sense.

Stressed19's picture

What are the options for an Ex that will not pay 50% of expenses as stipulated in the court order? I have paid for child care, counseling expenses not covered by my insurance and medical expenses. Amount due to me is over 3,500. I have priority mailed copies and sent over 4 emails since September of 2019..... With absolutely no response! Receipts are clearly itemized directly from service provider proving all expenses.

What are my legal recourses????? I am trying to be civil and not increase my legal costs for a battle that has taken over 5 years....with a legal system that could easily fix tjis, but chooses to prolong everything!!!!!!


strugglingSM's picture

If these are for premiums, in WA state the cost of premiums paid by the parent providing insurance is deducted during the CS calculation process. The other parent can also deduct any premiums they pay for health insurance in the CS calculation, even if they are not obligated to provide health insurance, but I believe that would have to be agreed to by both parties If they are medical expenses outside of premiums, what he owes would be governed by their CO. 

Thumper's picture

Sorry you must go thru this.

Use to be cp had 30days or 45 to request payment WITH proper docs to support. And, cp had a strict time limit to submit bill to ncp.

Well, If possible,  would 1. request proof she paid it, WHEN she paid it and how she paid it. and 2. IF it has gone to collection, pay them directly IF bill is outstanding. but  3. Treat it as a collection company....SHE has burden to prove the debt is yours.

Hope that makes sense...for all you know she left it go to collections OR possibly her parents paid it?? GET PROOF of payment.