Child support issue: Medical Insurance?

Question

My step daughter, a recent college graduate, turned 21 in April last year, support stopped. Her mother is now suing my husband for over $2K for medical bills incurred between 1996-present. She submitted copies from medical bills, but upon reviewing them, she used her husbands insurance, not ours. We have never had any out of pocket expenses for our medical coverage, including my sons surgery. I am wondering how a judge would make him pay for it when she didn't even use his insurance. Had she used his, there would not have been any expenses. He is responsible for and required per the divorce decree to 1) Provided insurance, 2) pay 100% of medical. Would he legally be obligated to pay that because she failed to use the insurance that he had? Thanks!

I appreciate your comments and need to clarify something. My husband ALWAYS paid child support and then some. The medical insurance has been effective for all but 16 months when he was off work following surgery. We have been together for 9 1/2 years, and the custodial mother has the insurance cards (it has not changed). Also, each time the drug benefits have changed, she either got a card mailed, or a phone call with a fax of the card following. This was posted not as a complaint about the mother (I am a mother of 2 boys with an ex myself) nor is my husband not being responsible. The issue here is the fact that as soon as support stopped, the mother decides to produce documents and try and demand over two grand for copays after ten years. . My problem is that she did use his ins.HAD she used it, HIS ins. would have paid 100%. His obligation was to provided ins, which he did. By choosing to use other ins., she knowingly incurred costs that were not neccesary.

Answer 1

sounds like she is money hungry, if she would have done as the court had set for them, then this wouldnt be up for the judge to decide. it seems like she is trying for extra money out of your husband, since child support stopped she needed something to say i need money from him.
sorry you and your family are going thru this.
i hope the judge is wise about this and sees right thru her.
there should be a statute of limitation of this thing, so please check into at your county court house, to see if and what is the statute.

Answer 2

If this dolt didn't use the medical insurance available to her it would seem to be her problem. And 11 years is a bit much to wait to spring this on him. I doubt any judge would order payment provided your husband can prove he did carry his daughter on his 100% coverage insurance during that time. Your husband should advise his ex (in writing--you should keep a copy--and send a cc to the child support agency) to provide the the providers with his insurance cards. They can submit for payment retroactively. However, I suspect that this woman already paid those charges--or would be in collection. I think she is out of luck!

Answer 3

I am a remarried father of two myself. I live in Canada and the kids mother has access to my health benefits for my children only. Both My son and daughter are on my benefits and the Mother has a card on her with their names on it. Now saying this and her knowing my kids have coverage threw my work and failed to utilize these benefits and used other means is entirely her doing. So I say that your husband would NOT be liable for the outstanding bills IF she was aware of the coverage provided to his kids.
I'm sure the courts will see this and throw her out the court room on her A ss.
As you can tell, I'm NOT good with my ex either.
Good luck, I hope it work out for the better for you

Answer 4

If in divorce decree, then he should have made sure that the child or custodial parent of had the necessary insurance paperwork/card for use upon insurance need.

Obviously this was never done and she used what was available to use ..... therefore by his agreement of divorce decree is still repsonsible for the payment or return of.

This is why non-custodial parents should spend as much time paying attention to what they are responsible for as they do in trying to get out of what they are responsible for ......two parents to make a child - two when living to care for a child - regardless of the age!



Note: Not meaning to attack you personally, but folks really need to get over not being responsible for the children they help bring into this world.
If you have no intention to care for, then do not participate or take measures to prevent yet another child unwanted on many levels.
Man enough to have sex - be man enough to be a dad to that child.....any one can be a father but takes a real man to be a Dad!

Answer 5

He should have been paying Ins all along , but now that the daughter is 21 , the daughter can go and sign papers so that her father does not have to pay back Ins , anyway the judge will ask the wife why she did not let him put the child on his Ins Tell your husband to tell the judge that he wanted to , and she said no , he mite get off not paying , it would go to the daughter anyway not the x wife ....

Answer 6

Even though he provided the insurance, and she chose not to use it - he will still be responsible for some portion (it will be a court precedent somwhere). See if she will negotiate to at least 1/2 of the bills and dismiss the suit. It is cheaper than dragging it thru court. Sounds like she is a NIT PICKER - my ex was like that too. If it goes to Court the judge will sniff it out - try not to battle about it - take the high road.

Answer 7

i'm a single determine and have heard this argument earlier. i could want to renowned how do you opt for on nutrients, lights, water, gasoline? the place can we (single mum and dad) bypass to get "honest" scientific care as quickly as we would desire to take days off for ailment, injury,snow days, instructor conferences. how are you going to're making it an excellent enjoying field as quickly as we are awaken at 3am to a screaming baby and would desire to stand up at 6 for paintings? clarify to me the type you positioned a cost on the infinite conversations you have with those little ones approximately why mommy and daddy do no longer stay mutually or why their lives are being grew to become the different way up? Like I instructed my ex try residing on what you supply me for 6 months for a family individuals of two and then tell me it is too plenty. That grew to become into 8 months in the past and that i nevertheless have not gotten that telephone call.

Answer 8

this is very tricky. he had abided by the decree to provide insurance for her, but yet she hadn't used the insurance when she needed to. i think he would not be legally obligated to pay because it was her moment of folly when she did not use her insurance coverage when she needs to-- now that she's divorced she has to be personally independent on herself-- plus, the second part of the decree (pay 100% of medical) ought to refer to those medical fees that aren't covered by the insurance. hope this helps, and all the best, ya? :)

Answer 9

I hate to say this but it depend on what side the judge is on. One judge might say it was her choice as to wether to use your husbands insurance or not. Another might say that she was being a b*tch trying to suck him dry and make her pay it instead. In my case, it was a fifty fifty situation, so we let the insurance pay the majority and copay and then daddy pays what is left.

Answer 10

i am sure she has a valid reason for usig her husbands insurance. as for the expenses, any and all costs that are not covered by insurance... are usually split by the parents.

in your case, he owes it ...100%.

she right, sorry.

http://www.divorcelawinfo.com/
http://www.divorcelawinfo.com/calculators.htm
http://www.helpyourselfdivorce.com/child-support-calculators.html