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  1. #1
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    Default Can a Custodial Parent Demand Payment for Five Years of Medical Bills

    My question involves child support in the State of: Indiana

    The non-custodial parent filed a modification of child support and the custodial parent filed a response seeking repayment of uninsured medical expenses for the last 5 years.

    Issues are:

    1. The non-custodial parent was never given any medical bills.
    2. The medical bills in question date back over the last 5 years, supposedly, the custodial parent has still yet to provide them, just an amount of $9,000.
    3. In the divorce decree the custodial parent is ordered to pay 71% of all uninsured medical and the noncustodial is ordered to pay 29% of uninsured medical.

    The dispute is, what time frame is reasonable for the custodial parent to notify the non custodial parent of said medical bills? I'm trying to find case law to support the position of "reasonable time."

    THANKS!!!!

  2. #2
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    Default Re: Can a Custodial Parent Demand Payment for Five Years of Medical Bills

    The first place you will look is in your custody order, to see what it says about the provision to you of any medical bills for a claimed partial reimbursement. If there is a time limit in your order, then you can anticipate that the court will enforce that time limit.

    I don't see a rule within your state's child support guidelines that requires a timely request for reimbursement, but the court may have a policy requiring reasonable timeliness. If you are working through a child support agency, they may be able to provide information; a local lawyer should also be able to tell you about local court practices.

  3. #3
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    Default Re: Can a Custodial Parent Demand Payment for Five Years of Medical Bills

    You were the one who triggered the demand by going back to court for a modification of support. Up until then, the CP was willing to let the uninsured medical slide. It was just the answer to your request for modification. And CP's certification in the papers are sufficient to establish the amount at this point. Now you have to live with the results.

  4. #4
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    Default Re: Can a Custodial Parent Demand Payment for Five Years of Medical Bills

    There hasn't been any bills provided. No receipts of payment, nothing. Just the CP saying "$9,000 over the last 5 years."

    - - - Updated - - -

    Quote Quoting Mr. Knowitall
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    The first place you will look is in your custody order, to see what it says about the provision to you of any medical bills for a claimed partial reimbursement. If there is a time limit in your order, then you can anticipate that the court will enforce that time limit.

    I don't see a rule within your state's child support guidelines that requires a timely request for reimbursement, but the court may have a policy requiring reasonable timeliness. If you are working through a child support agency, they may be able to provide information; a local lawyer should also be able to tell you about local court practices.
    The custody order isn't specific. It just states the CP parent shall pay the first $979 in uninsured and thereafter the CP shall pay 79% of the uninsured and the non CP shall pay 21%. Thank you for your reply.

    - - - Updated - - -

    Quote Quoting budwad
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    You were the one who triggered the demand by going back to court for a modification of support. Up until then, the CP was willing to let the uninsured medical slide. It was just the answer to your request for modification. And CP's certification in the papers are sufficient to establish the amount at this point. Now you have to live with the results.
    I wonder if you read my question fully, the CP has not given any bills or paperwork, just a written response of "$9,000 over the last 5 years." So there has yet to be anything produced to back up the $9,000.

  5. #5
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    Default Re: Can a Custodial Parent Demand Payment for Five Years of Medical Bills

    Quote Quoting renapink
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    There hasn't been any bills provided. No receipts of payment, nothing. Just the CP saying "$9,000 over the last 5 years."

    - - - Updated - - -



    The custody order isn't specific. It just states the CP parent shall pay the first $979 in uninsured and thereafter the CP shall pay 79% of the uninsured and the non CP shall pay 21%. Thank you for your reply.

    - - - Updated - - -



    I wonder if you read my question fully, the CP has not given any bills or paperwork, just a written response of "$9,000 over the last 5 years." So there has yet to be anything produced to back up the $9,000.
    I think that in this instance the point Bud is making is that the CP was letting that slide and no longer wishes to do so. Therefore, even if the CP ends up losing on the issue of past medical expenses, (and they will not lose entirely, they will only lose on those that the judge considers to be too old, since the orders do not specify a time frame) the CP will certainly insist that be reimbursed in the future.

    Therefore even if you do end up with a reduction of child support, you may end up offset by future medical expenses.

  6. #6
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    Default Re: Can a Custodial Parent Demand Payment for Five Years of Medical Bills

    And that's fine - having it set in stone for the future benefits all parties.

    But I'm sorry, throwing medical bills in 5 years after the fact? The CP should have to suck it up for not submitting them in a timely fashion. Of course, "should" has no place in court orders but that doesn't negate the point.

  7. #7
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    Default Re: Can a Custodial Parent Demand Payment for Five Years of Medical Bills

    The CP was receiving support payments that they felt was a fair amount and they were able to get by including paying for the uninsured medical. Why upset the apple cart as the saying goes. Then NCP goes in for a modification of support and CP answers with, "hey, where is my uninsured medical payments?"

    It happens all the time. Now the court will decide if NCP is entitled to a modification of support, whether they owe the uninsured medical, and you can bet that if NCP gets the modification that there will be a demand for uninsured medical the moment the cost is incurred.

    You make your bed and now you sleep in it.

  8. #8
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    Default Re: Can a Custodial Parent Demand Payment for Five Years of Medical Bills

    Quote Quoting Dogmatique
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    And that's fine - having it set in stone for the future benefits all parties.

    But I'm sorry, throwing medical bills in 5 years after the fact? The CP should have to suck it up for not submitting them in a timely fashion. Of course, "should" has no place in court orders but that doesn't negate the point.
    However, from the CP's point of view they have been being nice and sucking up the uninsured medical expenses all these years, and are now feel offended by the fact that the NCP is going for a reduction in support. I never asked my ex for help with medical bills, even though he was ordered to pay. It would have hurt my feelings had he filed for a reduction in support. Of course he and I became good friends after we split up and divorced so he never would have done that without talking to me first.

  9. #9
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    Nov 2015
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    Default Re: Can a Custodial Parent Demand Payment for Five Years of Medical Bills

    The NCP has no problem paying the medical expenses except for the CP wants 5 years worth paid in 4 months. That's just outrageous. Obviously, we know the response to the modification is just what the CP is asking for and may not get granted. I was just curious as to what a "reasonable amount of time" was. In this particular case, the NCP wouldn't be filing a modification to the support had it not been really necessary. This is the first time in 10 years for either side to modify anything. So it's not a "make your bed and lie in it" situation. The NCP isn't trying to get out of anything just to sock it to an ex.
    Thanks for the input.

  10. #10
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    Default Re: Can a Custodial Parent Demand Payment for Five Years of Medical Bills

    Quote Quoting llworking
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    However, from the CP's point of view they have been being nice and sucking up the uninsured medical expenses all these years, and are now feel offended by the fact that the NCP is going for a reduction in support. I never asked my ex for help with medical bills, even though he was ordered to pay. It would have hurt my feelings had he filed for a reduction in support. Of course he and I became good friends after we split up and divorced so he never would have done that without talking to me first.

    The reason why the NCP is requesting a modification hasn't been shared with us.

    Hurt feelings? Sorry, but in my mind (which we know is irrelevant here) hurt feelings should not be the basis of a "tit-for-tat" filing.

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