How to Get the Other Parent to Contribute to Medical Bills

My question involves a child custody case from the State of: Ohio
My sons father and I have never established visitation and custody. We did however set up child support. He left for the army two weeks after our son was born and I never had to worry about visitation because he was always gone. However about 4 years ago he got out of the army. I was always very leant on letting him have time with our son. Nothing was ever court ordered. Now I am kicking myself for not going to court and getting visitation established. His father thinks that every other weekend is automatically his and also thinks that he can claim our son every other year on tax returns. He is not in arrears mind you. I guess my main question is, how do I get him to pay half of all the medical bills for our son? My husband( sons step dad) carrys medical insurance on my son cause my sons dad's only works part time and does not have insurance. My sons dad only pays 153 a month for our 17 year old, he does not carry insurance. How can I get him to legally be responsible for his sons medical bills?

You are going to have yo go to court to get what you want. And it likely wont be retroactive. Is your son chronically ill? Or are you speaking about routine doctors appointments? If its the latter, you are looking at spending more by retaining a lawyer and going to court then you would be spending by paying for less than a years worth of routine medical bills.

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Quoting Mjknight

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My question involves a child custody case from the State of: Ohio
My sons father and I have never established visitation and custody. We did however set up child support. He left for the army two weeks after our son was born and I never had to worry about visitation because he was always gone. However about 4 years ago he got out of the army. I was always very leant on letting him have time with our son. Nothing was ever court ordered. Now I am kicking myself for not going to court and getting visitation established. His father thinks that every other weekend is automatically his and also thinks that he can claim our son every other year on tax returns. He is not in arrears mind you. I guess my main question is, how do I get him to pay half of all the medical bills for our son? My husband( sons step dad) carrys medical insurance on my son cause my sons dad's only works part time and does not have insurance. My sons dad only pays 153 a month for our 17 year old, he does not carry insurance. How can I get him to legally be responsible for his sons medical bills?

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At this point it may not be worth it to try to get him to be responsible for medical bills, since your son is 17. You would have to take him to court to get him court ordered to pay a share of the medical bills and that share would be proportionate with his income. With the cost of taking him to court your son would likely age out of child support and medical support before you recouped the cost.

As far as claiming him on his taxes. Some states, within the actual child support orders themselves give the non-custodial parent the right to claim the child every other year. Those states that include that in the standard child support orders do it to give the parent an incentive to pay their child support. So, how you should handle that depends on whether or not its included in the child support order. If it is not, then you should send in a paper tax return claiming the child (and amending past years that are still open to be amended) to claim your son. Dad would then have to pay back the excess refunds he received.

If it is included in the child support orders then again, I am back to it not being worth it to try to change it. Once your son ages out of child support the right to claim him would expire.

Thank you for your responses. I'm referring to routine medical and dental bills. Claiming dependents is not in our child support order. He juse decided that he wants to claim him every other year. Nothing has been court ordered. Does he have a right to claim him every other year or does he need a court order to do so?

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Quoting Mjknight

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Thank you for your responses. I'm referring to routine medical and dental bills. Claiming dependents is not in our child support order. He juse decided that he wants to claim him every other year. Nothing has been court ordered. Does he have a right to claim him every other year or does he need a court order to do so?

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Under the IRS regs, which would apply in this case, the non-custodial parent MAY NOT claim the child, unless the custodial parents signs a form 8332, voluntarily releasing the exemption to the non-custodial parent for the year in questions.

Therefore, if you are certain it is not addressed in your child support orders, then NO, he does not have the right to claim him at all, unless you agree or there is a court order.

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Quoting Mjknight

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My question involves a child custody case from the State of: Ohio
My sons father and I have never established visitation and custody. We did however set up child support. He left for the army two weeks after our son was born and I never had to worry about visitation because he was always gone. However about 4 years ago he got out of the army. I was always very leant on letting him have time with our son. Nothing was ever court ordered. Now I am kicking myself for not going to court and getting visitation established. His father thinks that every other weekend is automatically his and also thinks that he can claim our son every other year on tax returns. He is not in arrears mind you. I guess my main question is, how do I get him to pay half of all the medical bills for our son? My husband( sons step dad) carrys medical insurance on my son cause my sons dad's only works part time and does not have insurance. My sons dad only pays 153 a month for our 17 year old, he does not carry insurance. How can I get him to legally be responsible for his sons medical bills?

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The only thing that can mandate him to pay half of medical is the court. Even then don't bet on getting any money. The order between my ex husband and I states that he is responsible for child support, half of daycare and half of unreimbursed medical. Do you want to know how much money I've gotten from him with a court order? Maybe $300 in child support in the last year. Zero for his half of daycare or unreimbursed medical. I'm about to get a dental bill (what's after insurance) and I know I won't get half from him. But he didn't show up for court nor do the online parenting class so he didn't get a visitation plan. At least I don't have to worry about that.

If you don't have court ordered visitation you really don't have to let him have your son at all. Also he shouldn't have been claiming the son as a dependent.

But don't bother wasting time or money going to court for medical. Your son is 17. You won't get anything back and you probably won't get half starting from then either.

Only $153 a month? I wish I could get my ex to pay even half that a month (which is about what he's supposed to pay for just our daughter). Be glad you get any child support.

Thank you for clarifying this for me.

I'm sorry to hear you don't get support. Thanks for the response.

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Quoting Mjknight

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Thank you for clarifying this for me.

I'm sorry to hear you don't get support. Thanks for the response.

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Thanks. It is what it is. I've learned that if I get child support it's a miniscule bonus and it just goes into the account I made for my daughter. I was going to waive support but I thought "someday he has to pay it." Then I give it to her. But the way things are going with him...we'll see if how much longer he's alive.

I just wanted you to not waste any time or money. But it is bs that he's been claiming him as a dependent if you didn't agree OR there's not a court order that says it. I'd fix that.

Did you sign form 8332?