My son's mother filed a request for reimbursement of medical expenses back in Oct. 2010. I've learned that none of the bills for which she seeks reimbursement have been paid and ALL have gone to collection agencies. I also have documents that prove I was not notified of the incidents during or after they occurred. I'm told that there is a family penal code requiring her to notify me of such incidents within a given time frame and she has failed to do so. Her attorney claims that she can't pay the bills and pressured my attorney and I into agreeing to pay them since the judge would, according to him, order it anyway. Is this true? We have a trial date set and I was wondering if there is any law, family or civil, that protects me, and my credit, as a private citizen. If I am indeed ordered to pay half of the unpaid bills, is there any civil/consumer law that provides me legal recourse?
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Am I required to reimburse my son's mother for medical bills she hasn't paid?
- Thread Starter saw78758
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Proserpina
Moderator
What exactly do your court orders say about medical reimbursement?
You can be ordered to pay the service providers, yes. And you can be advised to sue Mom for reimbursement.
You can be ordered to pay the service providers, yes. And you can be advised to sue Mom for reimbursement.
The orders state that either of us is authorized to make decisions regarding his healthcare in the event of an emergency but that we're to notify the other as soon as reasonably possible. There's nothing that explicitly states either of us has to pay a particular percentage of his medical bills but it's generally understood that we will share equally in said expenses. However, I have been made aware of a CA penal code requiring any parent seeking reimbursement to notify the other parent of said expense within 30 days of the date the service was rendered.
The bills for which my son's mother seeks reimbursement fall well outside that time frame, however, her attorney explained that the judge would order me to pay my half anyway. This despite the fact that I'd explained to him, and in front of her, that ALL the bill for which she sought reimbursement had gone to collections. I went on to tell him that the collection agency has made repeated attempts to contact her and she has not responded.
My attorney referenced a previous case in which a judge ordered a man to pay half of several medical bills totaling in excess of $100,000 accrued over several years. With this, I reluctantly agreed to pay my half to the collection agency. My questions are as follows: If the service provider that originally rendered the service has written the bill off and is not longer attempting to collect on a debt it has deemed unrecoverable, am I still responsible? Hypothetically speaking, if I were to pay my half of a bill to the service provider and she still defaulted, can I legally seek reimbursement?
The bills for which my son's mother seeks reimbursement fall well outside that time frame, however, her attorney explained that the judge would order me to pay my half anyway. This despite the fact that I'd explained to him, and in front of her, that ALL the bill for which she sought reimbursement had gone to collections. I went on to tell him that the collection agency has made repeated attempts to contact her and she has not responded.
My attorney referenced a previous case in which a judge ordered a man to pay half of several medical bills totaling in excess of $100,000 accrued over several years. With this, I reluctantly agreed to pay my half to the collection agency. My questions are as follows: If the service provider that originally rendered the service has written the bill off and is not longer attempting to collect on a debt it has deemed unrecoverable, am I still responsible? Hypothetically speaking, if I were to pay my half of a bill to the service provider and she still defaulted, can I legally seek reimbursement?
Proserpina
Moderator
(it's not the penal code - it's Family code 
)
If you're talking about the provider "charging off" an account, that's an accounting term - it doesn't mean you're no longer obligated to pay.
If you pay the bill yourself - all of it - you can seek reimbursement from Mom.
If you only pay your half, you have nothing to recoup from Mom.
)If you're talking about the provider "charging off" an account, that's an accounting term - it doesn't mean you're no longer obligated to pay.
If you pay the bill yourself - all of it - you can seek reimbursement from Mom.
If you only pay your half, you have nothing to recoup from Mom.
Got it. Thanks! I do have another question (sorry to be such a pest). My birthday is before my son's mother's. In light of that fact, and her inability/refusal to pay his medical bills, can I request an order stating that my insurance be made his primary insurance?
My son is only 2 years old and, in that time, he's had 2 primary care physicians and has been to at least 3 different hospitals. None of the hospitals have been paid and her payment history with the physicians is not known at this time. She works full-time, lives at home with her father and brother whom she splits the bills with and receives an additional $800 a month in income in the form of child support. I have concerns about her attorney's claim that she can't pay the bills and, if possible, would love to file an inquiry into her financial records to determine whether or not she's financially solvent.
I'm also concerned that him being bounced from hospital-to-hospital, doctor-to-doctor with trail of unpaid bills following him could jeopardize his ability to receive non-emergency medical care should I happen to take him to one of those hospitals/doctors in the future. Is there anything I can file to get to the heart of the matter and is there any reasonable objection her attorney could make in light of the aforementioned?
My son is only 2 years old and, in that time, he's had 2 primary care physicians and has been to at least 3 different hospitals. None of the hospitals have been paid and her payment history with the physicians is not known at this time. She works full-time, lives at home with her father and brother whom she splits the bills with and receives an additional $800 a month in income in the form of child support. I have concerns about her attorney's claim that she can't pay the bills and, if possible, would love to file an inquiry into her financial records to determine whether or not she's financially solvent.
I'm also concerned that him being bounced from hospital-to-hospital, doctor-to-doctor with trail of unpaid bills following him could jeopardize his ability to receive non-emergency medical care should I happen to take him to one of those hospitals/doctors in the future. Is there anything I can file to get to the heart of the matter and is there any reasonable objection her attorney could make in light of the aforementioned?
Proserpina
Moderator
Her solvency really isn't an issue - and in all honesty, that's really not a path down which you want to travel. If she can't pay her bills - if she's genuinely struggling - you may find your CS being increased. Custody won't change, if that's where you were going?
Now, two PCPs in two years isn't necessarily excessive, nor are three hospital visits. But much may depend on the health of your child. Does he have any major concerns?
Outside of that yes, you can file to request that your insurance is the primary insurance. However the court isn't obliged to honor your request even if the CP isn't paying the copays from their insurance.
Now, two PCPs in two years isn't necessarily excessive, nor are three hospital visits. But much may depend on the health of your child. Does he have any major concerns?
Outside of that yes, you can file to request that your insurance is the primary insurance. However the court isn't obliged to honor your request even if the CP isn't paying the copays from their insurance.
Sorry for the delay in responding (working 10-11 hour days). I'm not really pushing for a custody change, though I'd certainly welcome it. What I am pushing for, or trying to push for, is transparency. Exactly one-third of my CS is half of the money she is supposedly giving her sister ($500/month) to watch my son during the day. However, I'm not allowed to go by her sister's place to pick him up or drop him off and I have no contact with her sister, even before I petitioned the court. So I'm paying for a service but I have no means of contacting the person performing that service and that person doesn't contact me when my child is injured. I also have no means verifying that the money I'm paying for that service is indeed being used to support the person(s) providing that service. Having said that, I doubt she's genuinely struggling to pay her bills. Rather, I suspect that I am being charged for a service she's getting for free and, instead of using that extra money to pay his medical expenses, she's using the money to make personal purchases.
Regarding my son's medical history, he doesn't really have any major concerns. He was diagnosed with asthma about a year and a half ago and that diagnosis was related to her failure to be transparent and honest with the doctor (she lied to the doctor about her father's smoking habit and I have medical records that prove it). One of the ER visits was for a supposed fall that took place in her sister's care but the facts surrounding the incident are disturbing, to say the least, and they both made a significant effort to sweep it under the rug. His transfer to another PCP came immediately after I notified her that I would be petitioning the court and I had to provide the PCP with court papers to obtain his records as they'd never heard of me. He's been to the doctor on numerous occasions and prescribed medicine and I was never told of the visits or the medicine he was prescribed. If you like, I'm happy to provide details some of the incidents to give you a clearer picture of what's going on. In any case, the lack of transparency and her apparent insolvency are not only inhibiting my ability to support my son financially but have also put into jeopardy *both* our rights to raise our son.
Regarding my son's medical history, he doesn't really have any major concerns. He was diagnosed with asthma about a year and a half ago and that diagnosis was related to her failure to be transparent and honest with the doctor (she lied to the doctor about her father's smoking habit and I have medical records that prove it). One of the ER visits was for a supposed fall that took place in her sister's care but the facts surrounding the incident are disturbing, to say the least, and they both made a significant effort to sweep it under the rug. His transfer to another PCP came immediately after I notified her that I would be petitioning the court and I had to provide the PCP with court papers to obtain his records as they'd never heard of me. He's been to the doctor on numerous occasions and prescribed medicine and I was never told of the visits or the medicine he was prescribed. If you like, I'm happy to provide details some of the incidents to give you a clearer picture of what's going on. In any case, the lack of transparency and her apparent insolvency are not only inhibiting my ability to support my son financially but have also put into jeopardy *both* our rights to raise our son.
Proserpina
Moderator
You really have no rights to Mom's financial records. And honestly, if she wants to take that child support and spend it on Coach purses and mani/pedis, she's legally entitled to do that...as long as kiddo has a roof over his head, food in his belly and clothing.
You can however request receipts from Mom's chosen day-care provider. Ask Mom.
Your son apparently IS getting medical care, so that's not an issue. However you have EVERY right to your son's medical records, and you should inform all of his providers that you are indeed his other legal parent.
What I do see is a case where Mom isn't doing things the way you'd like her to do things - and believe me, that's completely natural for you to feel that way. However, it's really not actionable. It's a parenting and lifestyle difference.
Other than that, I'm not sure what you're trying to accomplish?
You can however request receipts from Mom's chosen day-care provider. Ask Mom.
Your son apparently IS getting medical care, so that's not an issue. However you have EVERY right to your son's medical records, and you should inform all of his providers that you are indeed his other legal parent.
What I do see is a case where Mom isn't doing things the way you'd like her to do things - and believe me, that's completely natural for you to feel that way. However, it's really not actionable. It's a parenting and lifestyle difference.
Other than that, I'm not sure what you're trying to accomplish?
Well, based on what you've told me, it sounds as though there really isn't a whole lot I can do other than wait for something "actionable" to happen. It was my hope that there would be something I could do to prevent this from going down the road it's headed but it looks like I'm just going to have to continue documenting things as they happen and attending the seemingly endless hearings. Thanks for all your help! If I have any other questions, you can be sure I'll be back as you've been very helpful. Thanks again!
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