How Can I Collect on Past Due Medical and Dental Bills from the Non-Custodial Parent

[CustodialParentRights]

My question involves child support in the State of: CA

A judgement for child support was awarded Aug. 2000, which includes the NCP to pay 50% of all medical & dental bills (incl. orthodontic) not covered by insurance. I have provided NCP a copy of every med & dental bill within 30 days of receiving and/or paying the bills (as stated in the judgement). The bills date back from 2007-present.

After a couple of years in and out of ourt, wage garnishment finally took effect in October 2010 for Child Support ($434/mo) & arrears ($50/mo) with the help of DCSS. NCP owes more than $113,000 in arrears (that issue is for another thread).

NCP is refusing to pay any medical & dental bills before October 2010, which total $2,495. He stateshe never received a copy of any outstanding med & dental bills. Is there a statue of limitation in collecting this debt? Or does it fall in the same category as child support/arrears (no SOL in CA)? Please advise on what I can do to get reimbursed?

Thank you in advance.

[distressedmom]

Did you send the bills by certified mail?

The way to force the order is to file contempt charges. Then it will be up to you to provide proof to the court.

[CustodialParentRights]

No, I did not send copy of the bills certified. When I picked up or dropped off our son (he has visitation every other weekend) I would hand him a copy of any dental/medical bills I received/paid for. At that time, our relationship was better and we were cordial with each other. After 8-9 years of empty promises to pay child support and other expenses related to our child, I started seeking help to enforce the judgement awarded in 2000. Needless to say, he has a lot of animosity against me and trying to give me grief any chance he gets. I have a copy of the judgement and all medical & dental bills I've given him. But now it's his word against mine, that he was ever given a copy. I'd like to know if there's a statue of limitation to collect, if I filed contempt charges?

[distressedmom]

I am sorry, I do not know that information. But I do think you'd be able to make your case before the court. Have you talked to the Child Support Office to see if they will enforce the order for you? They should be able to file a motion for contempt or something similar.

[CustodialParentRights]

Unfortunately, I have a new CS Officer. She is not sure if DCSS is responsible for filing Contempt paperwork, she was going to check with the attorney but I have not heard back from her. Any advice? Does anyone know if there's a statue of limitation to collect on past due medical/dental bills, if I filed contempt charges? Or is it like child support, in CA there is no SOL.

[ph_dudley]

I just recently retired as a Child Support Supervisor in CA. What you need to do is obtain a medical sum certain order from the court. This means you need to take the NCP to small claims court and prove to the court that NCP had knowledge of the unreimbursed medical bills and failed to pay. The court then can rule on the amount that NCP owes. Once you receive this order from the court stating that NCP owes $XXXX.XX in unreimbursed medical cost, you need to provide your Child Support Agency with a copy and they will add the amount in the court order to the NCP arrears balance and collect.
For future reference you should always send bills to NCP via certified mail otherwise its your word against his.

[CustodialParentRights]

I will go down to the court house to do so. I know now to send everything certified. A few years a go, we were more cordial with each other so I didn't think to document everything. I've learned my lesson.
Thank you for your help.