Medical bills coming in - again

[demi]

Hi Soc,

From WI.

My ex sent me medical bills in Jan. April and Sept. of this year for non-emergency/non-routine medical treatment for my child's doctor visits in Oct. There were three visits which were a total of 11 days from 1st visit to the last visit. I had no knowledge or written notification of any of these visits. (see court order below)

I wrote my ex about this, just two weeks ago, when I received the third letter in, and stated to ex what the court order reads. Ex is claiming I knew about this as my child and ex talked to me over the phone about it. All I was told was my child was home from school sick and the symptoms, nothing else was said about my child going to a doctor then or in the future and no written letter was sent to me regarding such a  conversation.

I decided to take out insurance for my children (started May 1, 2004) hoping the ex would use it, as it has better coverage. Or at the very least mine could be used as a secondary. The ex jumped on the wagon with my insurance and has elected to use it, I've received insurance statements since May 1, 2004.

I requested from my ex a copy of the insurance policy and the amount the ex was ordered to pay for my children. I just received, today, what looks like an insurance quote; It has a quote # on it, requested date of info 9-27-04 printed on it and effective date of 10-01-04 printed on it. But still nothing showing what ex has paid on it. I had a feeling the ex canceled the insurance on my children that's why I requested the info plus I still pay the ex a portion of it.

Now I get other bills on top of that insurance quote for: 1. A second opinion doctor my ex took my child to in May(non-emergency/non-routine), and  2. A bill for prescriptions from July for my child, that I have no idea what is for.  Still I had no knowledge at all about any of this until now.

The order reads:

1. "Effective April 16, 2002 xxxxx  xxxxxx shall be required to provide health insurance for the minor children of the parties"

2. The court orders no change on the equally shared medical, dental and optical expenses except that for any such services except emergency or non routine, there shall be advanced written notice of 30 days. No advance notice or permission is needed for emergency or routine treament. If advance written notice is given, the other side shall have a right to obtain a second opinion. If no second opinion is obtained, then the other party may go ahead with said treatment and it shall be presumed that the parties will split that evenly. If a second opinion is obtained and no agreement is reached, then the parties have the option to pay the entire bill themselves or come to court requesting an order requiring it to be paid. For all medical, dental and optcal bills in the future, xxxxx  xxxxxx shall provide evidence of that bill and an explanation of benefits or document from the insurance company showing what they have paid and what they will not pay. xxxxx  xxxxxx shall mail those to xxxx xxxxx who shall have 30 days to pay hxx shar of those bills.

3.By stipulation, xxxx  xxxxx is ordered to pay $xx.xx per week as and for hxx share of insurance on the minor children of the parties effective April x, 2002. This shall be paid by wage assignment.

Questions:

1. Am I responsible for medical bills that are "just mailed" to me without some kind of notice - outside of the emergency or non-routine visits?

2. My ex is threatening me with contempt charges if I don't pay the bills within ten days. Can I be held in contempt? and can the ex be held in contempt for using my insurance knowing I still pay for the insurance  the ex is suppose to carry?

3. The bills sent to me in Jan. and April I did not respond to knowing my ex didn't notify me within 30 days, the ex never pushed contempt then (if I was so informed as ex says I was). Do I always have to respond back and tackle the same things all over again?

4. My oldest child turned 18 over two months ago and I can't go in and change the support as it will be more than what it's set at now for two kids, yet I make less than before. If I agree to keep the insurance coverage can I have my CS reduced or have ex ordered to pay me half of the insurance?

Any other advise would really help me out a lot.

Thank you so much  

[socrateaser]

>1. Am I responsible for medical bills that are "just mailed"
>to me without some kind of notice - outside of the emergency
>or non-routine visits?

A "routine" visit includes typical sicknesses (i.e., cold, flue, sore throat, etc.). Therefore, you are responsible without notice for the visits you describe.

>
>2. My ex is threatening me with contempt charges if I don't
>pay the bills within ten days. Can I be held in contempt? and
>can the ex be held in contempt for using my insurance knowing
>I still pay for the insurance  the ex is suppose to carry?

If you obtained insurance and offered it to your ex with no strings attached, then it is a gift. You may argue that your ex obtains an unjust benefit by using the insurance instead of the court ordered insurance, and that you should be reimbursed or relieved of the liability for costs that would be covered by the ordered insurance were it used instead of, or in addition to, your insurance -- I don't know how a WI court would rule.

I doubt whether your ex's use of your insurace, freely offered for his/her use represents a willful violation of a court order (i.e., contempt).

>
>3. The bills sent to me in Jan. and April I did not respond to
>knowing my ex didn't notify me within 30 days, the ex never
>pushed contempt then (if I was so informed as ex says I was).
>Do I always have to respond back and tackle the same things
>all over again?

As I've already pointed out, you are misinterpreting your court order, thus the question here is irrelevant -- pay your half of the bill and get it over with.

>4. My oldest child turned 18 over two months ago and I can't
>go in and change the support as it will be more than what it's
>set at now for two kids, yet I make less than before. If I
>agree to keep the insurance coverage can I have my CS reduced
>or have ex ordered to pay me half of the insurance?

Your insurance is a gift to the other parent/child. You can cut it off or keep it in force at any time, however, you will not receivie any corresponding reduction in CS.

[demi]

"1. Am I responsible for medical bills that are "just
mailed"
to me without some kind of notice - outside of the emergency or non-routine visits?"

"A "routine" visit includes typical sicknesses (i.e., cold,
flue, sore throat, etc.). Therefore, you are responsible
without notice for the visits you describe."

Well Soc if that's the case then BOTH parties were misled in that wording. Because WE both "routine" meant yearly eye exams, yealy dental, yeary physicals that sort of treament. Even my ex thought that way as well.

[socrateaser]

>Well Soc if that's the case then BOTH parties were misled in
>that wording. Because WE both "routine" meant yearly eye
>exams, yealy dental, yeary physicals that sort of treament.
>Even my ex thought that way as well.

If you can prove that both parties subscribed to this defiinition, then that would cause me to make an entirely different analysis. But, it seems to me that if you both were in agreement, then there would be no dispute, and you wouldn't need to post here for an interpretation.

If I'm misunderstanding, let me know.

[demi]

I beieve there is a misunderstanding on all of our parts. The ex would never tell me about the "yearly exams" just sent the bills and I paid. In the case of taking them to the doctor at whatever reason there may be outside of the "yearly exams", the I would receive those bills without notice or knowledge. There were a couple of time where the ex even absorbed the costs because the visits were, what we thought as non-routine, and the ex knew I wasn't repsonsible. This all to confusing and I think having the ammended order changed to read better would protect both of us.

FYI: The amended order (through a De Novo hearing) had been changed for THIS very reason.