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bunches

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Reply with quote  #1 
Now that my son is 18 years old how long do I continue to be responsible for his medical bills? He does plan to attend college in the fall. We have an outstanding agreement, that I only have to pay, for an orthodontist bill. We went to court today, and until I pay my half of the bill she can continue to file taxes and claim all three children. So I am curious as to how long she can hold my 18 year old son and his medical bills over my head. Also does anyone know if my divorce states that she has to give me a copy of any medical bill within 30 days and she doesn't, do I still have to pay? What about daycare expenses? My divorce says a reasonable amount of time so is a year or two too long to send me a bill?
ironeagle

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Reply with quote  #2 
Personally I think if she cannot supply a bill within 30 days she really doesn't have much right to ask them to be paid. I don't however know what the law would say about that. I could understand if certain bills had payment plans, but why is it so difficult for custodial parents to send bills on time?

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dad2

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Reply with quote  #3 

Yes 1 or 2 years is too long to wait for a bill. Do you think the doctor's office will wait that long to get paid? Even for tax purposes that is way to long, you can't apply the medical bill to the tax year it was generated in.

bunches

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Reply with quote  #4 
What gets me is one of the bills is a garnishment she received for a dental bill. I am not paying that either.
dad2

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Reply with quote  #5 

I would think that the court would view her as being irresponsible if she is presenting "bills" to you that are 1 or 2 years old. Not to mention being garnished for bills as well. Sounds like she is clearly not trying to work things out in a timely matter.

bunches

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Reply with quote  #6 
I am just going to call her attorney and tell him the same thing. 1-2 years is not timely. Her getting a garnishment just proves how irresponsible she is. I don't believe a judge would hold me in contempt for non payment.
ironeagle

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Reply with quote  #7 
I would also check to see if anything in your decree states a time frame for her submitting the bills, generally 30 days is the traditional time frame for bills and payments.

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awiblish

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Reply with quote  #8 

Medicals bills.   I can tell you this from experience.  Although overall my case went fairly well there was an issue with medical bills that was a little hard to swallow.

 

My former had acquired a few thousand dollars in medical bills over the years.  These are bills that she never told me about to begin with and all more then a year old.  I provided insurance that she did not file a claim against.  Our court order had given me joint custody and ordered me to pay half of the medical bills.   There was no stipulation as to time.

 

I used the argument that I should not be liable for those bills because she was negligent in not notifying me of the procedures; before, after, or during, by not submitting a claim to the insurance company that I was court ordered to provide, and by not notifying me of any expense incurred until the occurrence of a modification proceeding.  I also argued that her claim was made with evil intent, and was only filed in retaliation because she was upset that I had petitioned for modification.

 

The court found that although she did not follow the guidelines outlined by the previous order and she indeed was negligent she was never the less entitled to reimbursement for the medical bills because it was an order of the court.  A judgment was entered against me.


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bunches

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Reply with quote  #9 
My decree states that it is 30 days from the date she incurred the expense. Then in turn I have 30 days to pay her. I am not going to pay these.
awiblish

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Reply with quote  #10 

My guess would be yes, but I can't say with certainty on this one.


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ironeagle

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Reply with quote  #11 
Well I don't believe in medical support orders at all, but if they are going to be done there needs to be a house file submitted, making standard and equal rules and guidlines for these orders, that must be followed in every case. For example the law could read "all medical bills must be submitted to the parent ordered to pay the costs within 30 days from the receipt of said bill by other parent, failure to do so will negate the responsibility to pay said bill.....". Something like that, and there are a lot of other things that could be added in there as well, such as " a parent must in good faith utilize the insurance benefits provided to the child by either parent, including using approved health care providers and following the health care plan of the provided insurance, failure to do so places the burden of payment on the individual who does not follow the provided health care plan..."

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bunches

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Reply with quote  #12 
And it should be universal law that the cp pays the first 250 and then gets part of the ncp. My divorce doesn't say that I have to pay half of every bill. I hope to get that changed too, but who knows.
riyamisra

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Reply with quote  #13 
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