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Costs not covered by insurance

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  • Costs not covered by insurance

    As more time goes by my fiance and I realize that the judge really didnt make his son's custody order very clear in MANY ways. His son (whom lives with us, Dad has sole physical custody) recently underwent surgery and our family has excellent insurance (luckily) but a portion of the surgery was not covered by insurance.
    The boy's mother has been excused from the obligation of child support as the judge has recoginzed her as "involuntarily unemployed" and "incompacitated and unable to provide for herself." Although she recieves SSDI for herself and on behalf of the child (does not live with her) and numerous other sources of income mostly from governement aid. (FRUSTERATING) Her biggest problem is that she does not know how to prioritize and spend her money on things that are needed. (Like the child's needs)
    To sum it all up she was excused from regular child support payments and Dad has to provide for everything, including medical/dental insurance. I have been told that un-insured medical costs should have been included in the order as well and there is nothing...... nothing saying she does or does not have to take responsibilty for it.
    Since it is not mentioned either way would he be wrong to send her half of the bill. A split 50/50? Afterall he is her son too..
    Its not that we are counting on any support or money for this bill from her because that would be foolish of us but if for once she could contribute to his needs it would be awesome.
    Last edited by Kris23; 05-15-2009, 06:31 AM.

  • #2
    There's nothing "wrong" with your sending her the bill for half of his non-covered medical expenses. However, since neither the law nor the court order addresses the issue, she may or may not pay it and without an amendment of the court order to require that she do so, there's nothing in the law to force her.
    The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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    • #3
      Thats what I thought... I just didnt want her to say that she shouldnt have to eventhough it doesnt say that or say anything. He wasnt going to hold her feet to the fire or anything but just make her aware that there is this bill and it would be great if she would help cover half of their son's medical expenses. We are not counting on her because we have learned that its just dissapointing.

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      • #4
        Originally posted by Kris23 View Post
        As more time goes by my fiance and I realize that the judge really didnt make his son's custody order very clear in MANY ways. His son (whom lives with us, Dad has sole physical custody) recently underwent surgery and our family has excellent insurance (luckily) but a portion of the surgery was not covered by insurance.
        The boy's mother has been excused from the obligation of child support as the judge has recoginzed her as "involuntarily unemployed" and "incompacitated and unable to provide for herself." Although she recieves SSDI for herself and on behalf of the child (does not live with her) and numerous other sources of income mostly from governement aid. (FRUSTERATING) Her biggest problem is that she does not know how to prioritize and spend her money on things that are needed. (Like the child's needs)
        To sum it all up she was excused from regular child support payments and Dad has to provide for everything, including medical/dental insurance. I have been told that un-insured medical costs should have been included in the order as well and there is nothing...... nothing saying she does or does not have to take responsibilty for it.
        Since it is not mentioned either way would he be wrong to send her half of the bill. A split 50/50? Afterall he is her son too..
        Its not that we are counting on any support or money for this bill from her because that would be foolish of us but if for once she could contribute to his needs it would be awesome.
        Does your fiance have a court order giving him custody?

        If he does, he needs to get a CERTIFIED copy of the order and go to the SSA office ASAP. The SSA will be able to have the child's benefits rerouted to him, the custodial parent. He will be named the child's representive payee and then he will recieve his child's benefits.

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        • #5
          Xena,
          He has an order that states that he has sole physical custody. With her being excused from child support wouldnt that excuse her from handing over his benefits? To get a certified copy all he would have to do is go to the court house and request one right?
          Last edited by Kris23; 05-18-2009, 06:47 AM.

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          • #6
            Originally posted by Kris23 View Post
            Xena,
            He has an order that states that he has sole physical custody. With her being excused from child support wouldnt that excuse her from handing over his benefits? To get a certified copy all he would have to do is go to the court house and request one right?
            The benefits are supposed to be paid to the residential parent. All he needs to do will be to take the cerified copy of his order to the SSA office and ask for a change in representive payee.

            He can get a certified copy at the courthouse.

            Comment

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