Medical Bills...what to do?
My BF was divorced over two years ago. After their divorce one of their children had to have two surgeries. Of course lots of medical bills. My BF pays for the medical insurance, she does not have any medical insurance on the children.
At the time, BF told her he was unable to pay 50% of medical bills due to he was barely making ends meet with his job. He told her if he ever received some type of lump sum payment or lottery winnings, etc. that he would pay her, but that he could not afford to. She paid the bills. They made no agreement that he would pay her back monthly payments or anything like that. She did not give him copies of the bills -- she did not demand payment. He felt maybe she was being so considerate and understanding since he did give her the house when they divorced.
His ex made more $$ when they were married, and still did after the divorce. We live in a small community. BF was fearful of his loud and controlling wife to trash his name in the community and label him a bad father, so he gave her the house. She has since sold it and has made a considerable profit ... over $40K.
Then I enter the picture. New GF. Within a month of me moving in, she started demanding that he pay her 50% of the medical bills. He tried to explain that he could still not afford to pay it (I can't either-- but he didn't discuss that with her). Every couple of months she would bring it up and threaten that she was going to sue him.
She is now saying she is definitely going to take him to court. He still cannot afford to pay it -- he cannot afford to even take out a loan.
The divorce decree states that ...it shall be the obligation of the parent who authorizes treatment (which was her) to provide proof of payment or proof of the expense and request payment from the other parent of any such expense within 120 days of the date the expense was incurred (which she did not because he told her he couldn't afford it, and so she paid it).
It goes on to say...failure to make a timely request relieves the other parent of the obligation to pay for the incurred expense. Otherwise, the other parent shall be required to pay or set up a suitable payment program with the creditor for these amounts within 30 days from the date it is presented so as not to affect the credit rating fo the parent authorizing payment (which she did not ask him to do).
Any speculation on if she does take him to court, what may happen?
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Comments
The way that's written, he
The way that's written, he should be safe. I say SHOULD be.
~ Anne ~
"The past is a foreign country; they do things differently there." ...Anonymous
yeah there is nothing signed or agreed upon
They will live by the decree, all he has to say is I never received a bill. and he should be safe..
Happy
"live life to its fullest everyday"
You're in the clear, as long
You're in the clear, as long as there aren't any other stipulations in the decree. Even if she claims that she gave BF a bill, without proof (ie, she sent it certified mail) she's sh*t out of luck. If SHE authorized the medical treatment and paid for what insurance did not cover and did not forward a bill to BF regardless of what he did or did not agree to within 120 days of the surgery, he's in the clear. She's probably just threatening him, hoping that he'll get scared and fork over some money. If she continues, have BF get out a copy of the decree and point out the exact language to her.
another question
His ex told him ... even tho I didn't give you a bill, you received the medical insurance statement (since he is the one that pays the medical insurance premium), so that is just like a bill. I disagree. It is not a bill from the medical provider...it is an insurance statement. And she did not provide it to him. What do you think?
So BF received a statement
So BF received a statement from the insurance company, which is proof of expense, but at some point after the insurance sent it to him, BM paid OOP expenses? Then it is her responsibility to send him a bill for what she needs to be reimbursed, which is supported by the line that says she must request payment from the other parent.
The statement means nothing because she paid the balance after he received it of her own accord. So, in BF's eyes, it was handled. She never requested reimbursement so he shouldn't be held responsible at all. Of course, you should consult with your attorney just in case--but make sure that the lawyer won't charge you more than you'd owe BM if you were to pay her back!
I also wanted to add that, at this point, if there is going to be more drama and stress involved in fighting her, and if you can afford to pay fo half of OOP expenses, it might be a good idea to just consider it. I understand that she didn't follow the rules, and that she might be acting maliciously, but it was his child's surgery, and he basically got out of having to pay for his half because BM was too dumb to send him a bill. She might be being a b*tch, but if the cost is manageable maybe it's something to consider.
Krissy
I'd say take the Order to an
I'd say take the Order to an attorney and get some advice. Most attorneys will do free consultations, and even allow you to pay them for 1-hour of their time. The only way you'll know the answer for sure, is to talk to an attorney.
~ Katrina
thanks
That's exactly what we decided just last night...I think that may be best.