Uninsured Medical Expenses
Looking for opinions and/or advice please. My DH's divorce states that he is responsible for 80% of the above and BM 20%. They have been divorced since 2003 and this order has never been enforced. My hubby has always picked up the full cost of uninsured medical expenses (he says he was waiting until she got on her feet after the divorce - hmm-mmmm - apparently driving a flashy car, vacationing 2/3 times a year, shopping extravagantly and paying nothing for the upkeep of your children is not a sign that one is on one's feet - I digress - grrrrrr) and insured is provided by him also. Over the course of the last 2 years my SD has been treated for a back condition which has resulted in us paying 4k over and above the insured expense. This has ALWAYS been an issue for me, we got married 3 years ago and BM has a good job, earns good money but has never been held accountable for any of her kid's expenses. So my DH finally grew some balls and asked her for her portion - we have only just paid off the last bill - had to pay in instalments over a year it was so high. This whole thing was something instigated by BM and her mom and half of the treatment the doctors said she had to have was never enforced by BM so it was just money thrown out the window at our expense.
She is refusing to pay her portion even though she knows she is responsible for this legally. We have spoken to Friend of the Court who told us if we provide receipts etc they will garnish her CS until her portion is paid off. Does anyone know if there is a time limit on this? As in, can we retrospectively claim her portion now even though some treatment was provided in 2006 and 2007. I have all records of costs and when we paid them. She emailed my DH and clearly thinks she has one over on him since the expenses is in the past. Your thoughts please would be appreciated or comments from anyone else who has gone through this also? Thanks in advance.
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Comments
H
If your H has paid all the bills then she must owe the money to him vs. drs office or hospital. He can take her to small claims court to get reimbursement and he can take the bill off as medical on his taxes. Make sure in the future any drs office that she goes to has a copy of the agreement in her records so that after ins pays their part the rest of the bill is split when they do the mail out.
Here,
I am in Ontario Canada, and we can go back 3 yrs and take it to court if she refuses to pay. Not sure what it is like where you are. It's up to you if it would be worth the court costs though.
I would definitely send in a copy of the agreement though so the bill is split at the doctors/specialists office and she receives what her portion is directly from them.
It should be enforceable
It should be enforceable through his divorce decree...since it states that BM is responsible for 20% of uninsured medical...your DH should be able to take it before the judge that signed his divorce decree. BM should have to show 'cause' as to why she hasn't paid her share and could possibly be held in indirect contempt plus the court could order her to repay DH on a schedule or have wages garnished.
"SOME PEOPLE WEREN'T MEANT TO HAVE CHILDREN"
Depends
In our case it specifically says within 30 days of payment in full a receipt must be given for reimbursement and if it's after that time it is null and void.
Sometimes like if you had to do an installment then it would be okay I would guess. Call the court trustee over CS and ask them..at least in our state it is handled through the same place.
You can always just try if you don't get any answers. At this point any money given back would be better then where you are at now.
Good Luck!!