Wednesday, July 6, 2011

Does a father paying child support also have to help with medical/dental bills?

I am not trying to be a money grubbing b****, my son is 9 years old and his father has made no attempt to see him in years, when he does see him it's because we run into someone in his family. Anyway about my question, we both live in Ohio, we were never married or even a couple, so there are no custody papers, I am the one who is raising him (with the help of my husband) feed him and clothe him. I have never asked his father for anything, in fact he rarely pays his child support. I have paid for everything since he was born (all medical/dental bills, ect.). His dentist recently refered him to an orthodontist and they want him to have an expander and then partial braces. I am just wondering if it's his responsibility to help pay for this, he has never carried insurance on him or helped with anything else, but I know braces are very expensive and my insurance will only cover $1000 of it.
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I live in Ohio too. Somewhere in your original child support or court documents, there is a section on medical/dental support. Medical Insurance support is also calculated into the monthly child support obligation. So he "should" already be paying something toward the medical insurance part of it, since you say he's not paying right now, it's racking up in back support. But there is also a section on medical/dental bills that exceed the amounts paid by the insurance. It will say something like... "regarding future uninsured medical and/or hospitalization expenses involving the parties minor child the petitioner(you) shall pay the first x amount per year per child of any such uninsured expense. Thereafter the petitioner(you) shall pay x% per year and the respondant(him) x% per year of any remaining balance." The kicker is, that if you do have medical/dental bills that he is supposed to pay his x% on, you have to send them to him and request the payment in a "timely" fashion. If you do send them to him (I'd do it certified to prove you sent them), and he refuses to pay it, then you have to take him to court over it. The court will rule in your favor, because he is already technically liable for these "extra" medical bills, but the only way to make him pay is through the courts. The biggest problem is that if you wait too long to try to get these medical/dental reimbursements you possibly won't get them. He can claim that if you would have sent them to him sooner he could have submitted them to his insurance (even if he did not have insurance for the child), the statute of limitations on sending past medical bills to an insurance carrier is one year. But, as long as you can prove you sent him the bills and you tried to get the money from him, he won't have a leg to stand on, and you can get him to pay your court and attorney costs, since the only reason your in court is because he failed to follow the obligation.
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