Retroactively Seeking Medical Expenses
My question involves child support in the State of: South Carolina. I am not in arrears with my support awarded 6 years ago when custody was taken from me and my ex-wife by her mother. This was based on the fact that I live over 3000 miles away and had "no contact." The ex-wife deemed unfit. I had joint custody was not contacted by C.Services and custody given to wealthy grandmother. Taken to court, and grandmother awarded child support and dental expenses from ME only. Was told the child wanted "nothing to do with me or my family." I have complied. Child now 18 and still in school, not graduated due to a medical issue almost three years ago. New modification in 2008 did not include paying medical insurance or any medical as my insurance was only good for my state. Had to pay an attorney to find out why, where, my child is going to school, grades, etc. Now attorney says they can go back and collect his uncovered medical expenses from three years ago. Was not notified then. Tried to get education records on my own but SC school district refused because child is 18. Can I be forced to pay anything to grandmother in regards to uncovered medical since I knew nothing about this when it happened three years ago?
Re: Can I Be Forced to Pay for Three Year Old Medical Expenses Not on Support Order
Generally a court will not order this unless the medical care was paid for by a state agency.
Re: Can I Be Forced to Pay for Three Year Old Medical Expenses Not on Support Order
Thanks for your insight. I paid an attorney to go to Family Court so I could get a court order to get school and medical information since I am now being denied this information even though I am still, even after this child has turned 18 to pay child support because of the medical issue three years ago. Attorney made a "deal" with the grandmother's attorney outside of the hearing to put everything on hold and recommended I stop this because I "might have to pay medical expenses and her attorney fees, and they might try to get child support modified/raised." Was told I didn't need to be a the hearing? I would not have gone to court if grandmother had turned in the necessary notification forms sent to her in May, according to SC. Told by C.Services after child turned 18 that he/she had graduated and was not attending, then told a month later that was not true. Went back and forth. If grandmother had responded to the "90 day emancipation" notices I might not have gone to court and of course I am still denied medical and education records that I wanted and thought I deserved to get??? I don't like to make decisions now based on "fear of reprisal".....
Re: Can I Be Forced to Pay for Three Year Old Medical Expenses Not on Support Order
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firstandforemost
Thanks for your insight. I paid an attorney to go to Family Court so I could get a court order to get school and medical information since I am now being denied this information even though I am still, even after this child has turned 18 to pay child support because of the medical issue three years ago. Attorney made a "deal" with the grandmother's attorney outside of the hearing to put everything on hold and recommended I stop this because I "might have to pay medical expenses and her attorney fees, and they might try to get child support modified/raised." Was told I didn't need to be a the hearing? I would not have gone to court if grandmother had turned in the necessary notification forms sent to her in May, according to SC. Told by C.Services after child turned 18 that he/she had graduated and was not attending, then told a month later that was not true. Went back and forth. If grandmother had responded to the "90 day emancipation" notices I might not have gone to court and of course I am still denied medical and education records that I wanted and thought I deserved to get??? I don't like to make decisions now based on "fear of reprisal".....
If the child is 18 now its possible that no one is entitled to school or medical records without the child's consent. The child is a legal adult. Yes, you normally do still have to pay child support through high school graduation, but that doesn't change the fact that the child is a legal adult for school and medical purposes. That may be why your attorney is recommending that you drop the matter. It is possible that a judge could order you to pay grandma's attorney fees if you are suing grandma for something over which she no longer has any legal control.
Re: Can I Be Forced to Pay for Three Year Old Medical Expenses Not on Support Order
Well, you have a good point about child be 18 but the sad thing is I started this BEFORE he was 18 and was stalled until child's birthday. Maybe that was the plan all along....
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Another point I just thought of. This attorney knew this "adult" had turned 18 and still took the case knowing the affidavit asked for the court to give me permission to access school and medical records.