Need expert help asap

[Anonymous]

I found this on the states website.  Thoughts anyone?

Apportionment of Health Care Expenses.   The data on which the Guideline schedules are based include a component for ordinary medical expenses.  Specifically, six percent (6%) of the support amount is for health care.  The non‑custodial parent is, in effect, prepaying health care expenses every time a support payment is made.  Consequently, the Guidelines require that the custodial parent bear the cost of uninsured health care expenses up to six percent (6%) of the basic child support obligation found on Line 4 of the child support obligation worksheet and, if applicable, the child support obligation attributable to a student living away from home (Section Two Line I of the post-secondary education worksheet).  That computation is made by multiplying the total of Line 4 and Line I by 52 (weeks) and multiplying the product of that multiplication by .06 to arrive at the amount the custodial parent must spend on the uninsured health care costs of the parties' child(ren) in any calendar year before the non‑custodial parent is required to contribute toward payment of those uninsured costs.  For example, if line 4 is $150.00 per week and Line I is $25.00 per week, the calculation would be as follows:  $150.00 + $25.00 = $175.00 x 52 = $9,100.00 x .06 = $546.00.

Thus, on an annual basis, the custodial parent is required to spend $546.00 for health care of the child(ren) before the non‑custodial parent is required to contribute.  The custodial parent must document the $546.00 on health care.

            After the custodial parent's obligation for ordinary uninsured health care expenses is computed, provision should be made for the uninsured health care expenses that may exceed that amount.  The excess costs should be apportioned between the parties according to the Percentage Share of Income computed on Line 2 of the worksheet.  Where imposing such percentage share of the uninsured costs may work an injustice, the court may resort to the time‑honored practice of splitting uninsured health care costs equally, or by using other methods.

            As a practical matter, it may be wise to spell out with specificity in the order what uninsured expenses are covered and a schedule for the periodic payment of these expenses.  For example, a chronic long‑term condition might necessitate weekly payments of the uninsured expense.  The order may include any reasonable medical, dental, hospital, pharmaceutical and psychological expenses deemed necessary for the health care of the child(ren).  If it is intended that such things as aspirin, vitamins and band‑aids be covered, the order should specifically state that such non‑prescription health care items are covered.

There are also situations where major health care costs are incurred for a single event such as orthodontics or major injuries.  For financial reasons, this may require the custodial parent to pay the provider for the amount not covered by insurance over a number of years.  The 6% rule applies to expenses actually paid by the custodial parent each year.  

The order regarding the payment of the child(ren)'s health expenses should specify which parent will have the responsibility to provide health insurance.

[Anonymous]

Hi McManda34,

Wow.  I'm really sorry about your situation.  

It sounds like a "let's throw it on the wall and see if it sticks" scenario - since they couldn't collect from the mother, they're trying to collect from your husband. 

I understand why the attorney is filing for continuances - that is actually a good thing.  It's a stalling tactic to extend the time in hopes that the plaintiffs "trip up" when they're building their case (plaintiffs lose or can't get the proper documentation, witnesses' memories begin to fade because of time, plaintiffs just give up because it costs more to continue).

However, I'm a little concerned because based on what you are saying, the attorney is not doing much else.  The attorney should have had you bring every single piece of documentation in about this, including the divorce decree, the cashed check from the mother for the co-pay, and the documentation where the mother signed the responsible party page.  After reviewing the documentation, the attorney would then recommend the best course of action for you. 

Talk to your attorney again.  Express your concern that you don't think that much is being done about your case.  Find out why he's filing the continuances, and what he's doing to prepare for your defense.  

Good luck.

[Anonymous]

Definitely Jenn, couldn' have said it better myself

[Anonymous]

Just thought I'd let everyone know...........we went to a different atty tonight and we are going to try to settle.  We will probably have to pay 20 grand........seems so unfair.  I feel sick.  Thanks everyone for your help and advice.

[MidnightVoice]

I HATE the American medical insurance system.  Especially as I have lived under a different one.  There is nothing wrong with the medical care in this country, but the way it can destroy lives through medical bills is absolutely disgusting.

[Anonymous]

Well, I'm trying to not cry because we plan on sueing united health care so maybe we can recoup some of the loss.  please pray for our family.

[fused]

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MidnightVoice wrote:

I HATE the American medical insurance system.  Especially as I have lived under a different one.  There is nothing wrong with the medical care in this country, but the way it can destroy lives through medical bills is absolutely disgusting.

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Who's fault is it? The doctors, hospitals, insurance companies or ambulance chasers (paralegals camped out in the ER parking lots ). Maybe it's the pharmaceutical companies...yeah they're greedy too just like the insurance companies! I have been working in the healthcare industry for some time and it's a real grind!

[Anonymous]

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McManda34 wrote:

Hello,

My husbands daughter had knee surgery in 2005.  Unfortunately he doesn't have a great relationship with her and knew little of the details.  However, we do carry United Health care insurance for her.  In May of 2007 we received a letter from an Attorney stating we were being sued for $35,000 for unpaid medical bills.  Apparently 9after hours on the phone with UHC) it was determined that the claims were submitted in a timely mannerr, just denied becasue they wanted further information....ie....how the accident happened.  Either the MD or the chil'd mother did not provide this information.  I am not sure who UHC called to obtain this ifo but anyway the claims have all been denied and now it is to late to resubmit (so UHC says). The child mother has filed bankruptcy so now, 2 years later, we are getting sued for 35 grand. We have hired an attorney who has not done much except keep us out of court by getting continuences.  No where in the paternity agreement does it say the father of the child is responsible for unpaid medical bills.  Also when she went in for the surgury, my husband gave the mother a check to cover the co-pay and deductable so it wouldn't cost the mom anything out of pocket.  The mom signed the responsible party page which states she is responsible for what ever the insurance doesn't pay (which should have been zero since we paid the deductable and co-pay).

We have been married 15 years, and have always worked hard to pay our bills and maintain good credit.  It just seems very unfair. 

We have paid our Attorney $750 and don't really know where to go from here.  Do wee sue the insurance company?  Any advise?

Thanks!

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get another attorney!!!!  I believe if the mother signed she is responsable. Just because DH is on the ins police does not make him responable.

[MidnightVoice]

fused111 wrote:

Who's fault is it? The doctors, hospitals, insurance companies or ambulance chasers (paralegals camped out in the ER parking lots ). Maybe it's the pharmaceutical companies...yeah they're greedy too just like the insurance companies! I have been working in the healthcare industry for some time and it's a real grind!

The government's for not joining the rest of the civilized world with a basic universal healthcare system 

[fused]

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MidnightVoice wrote:

fused111 wrote:

Who's fault is it? The doctors, hospitals, insurance companies or ambulance chasers (paralegals camped out in the ER parking lots ). Maybe it's the pharmaceutical companies...yeah they're greedy too just like the insurance companies! I have been working in the healthcare industry for some time and it's a real grind!

The government's for not joining the rest of the civilized world with a basic universal healthcare system 

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Another government program...no thanks it will never work, providers and facilities (hospitals) are not interested in crummy reimbursements. Fee for service is the only way!