Uninsured medical costs and emancipation

[wawaewife]

Hopefully this will be my very last question...........

Original CS order in Calif. Last modified in Maryland.

My SS is 18.5 years old. Graduates from HS on June 2.

Court order says "child support shall continue until minor child is 18 or if he hasn't graduated HS, until after graduation but not longer than his 19th birthday, SO LONG AS HE IS A FULL TIME HIGH SCHOOL STUDENT.

Additional support: each party shall pay one half of all unreimbursed healthcare expenses.

It is also states that BOTH parties are required to keep insurance on child.

Just received a letter from CP informing us that SS is scheduled to have his wisdom teeth removed on June 10 (8 days AFTER graduation). She has said the estimate is $1700.00 and is demanding that DH pay for half of this.

1. Is DH responsible for 50% of bills for medical / dental services that  occur AFTER the graduation date?

2. Is he still required to maintain insurance?

3. When do these obligations end?

4. Does he need to inform his ex in writing that he is no longer responsible for these expenses or just let her figure it out for herself?

CS is paid to her directly (no wage garnishment) and last check will be sent June 1, 2004. (...YEAH!!!!) According  to everyone I've been able to talk to in MD (county court, CSEA) there isn't any form to file to terminate CS if wages are not being garnished.

Thanks to everyone for all your great advice and good company over the years, it always helped to know we were not alone in our struggles.

Aloha

[socrateaser]

1. Where do the parties currently reside?

2. List the various jurisdictions who have modified the support orders in the past, from first to last.

[wawaewife]

CP and child reside in Maryland. DH lives in Hawaii.

Original CS order was modified in California several times between 1992 and 2000 (only for increasing and decreasing support amounts)

2002 the CS order was registered in Maryland and modified via "consent order" raising the support amount again.

There is no agreement of any sort for college support or funding.

There have never been any arrears.

Hope this clarifies things. Thanks!!!!

[socrateaser]

By agreeing to a consent order in MD, MD gains continuing, exclusive jurisdiction over the issue of CS, so any CS-related ltigation must now be filed in the same MD court where that consent order was filed.

Legally, this is a VERY tricky issue. Technically, if the mother can prove that she entered into an agreement for dental services on behalf of the child, prior to the date that support is to terminate, then you must pay, otherwise, not.

Usually, with a healthcare provider, unless you enter into a written contract prior to the provider's rendering services (like with orthodontia), the contract isn't made until the provider actually  begins the procedure, which in this case, means when the kid sits down in the chair.

In addition to the above, in some jurisdictions (and MD may be one), a parent must expressly file for an order terminating the wage assignment, and the duty to pay CS is not extinguished until the court signs that order.

If this is the case, then you must file a motion for an order terminating the wage assignment in the MD county court where the consent order was filed, and the court must sign it before the dental procedure is performed.

Since there are so few intervening days, I suggest that (assuming it is necessary) you file for the termination order on the exact date of graduation -- and serve the other parent on the same day. Do not mention the dental procedure in your motion, and hope that the other parent doesn't either.

Then it's just a waiting game, to see what happens first.