Seeking answer possible legal issue regarding emotionally disturbed child

[Mr.fixitall]

Background:  State: TN; Child: 12:  Mother is PCP and Father is NCP.

Child has been diagnosed with bi-polar, ODD, clinical depressed, and mood disorder.  She is on three types of medications right now and meds do not appear to be working for her.    

Father is not very active in her life.  He sees her maybe twice a month.  He has yet to attend any of her counseling sessions over last four years.  She has had massive counseling and therapy and nothing appears to be helping her, in fact, she is getting seriously worse.

Mother has notified him of all appointments, times, places, results and asked that he attend to help assist her medical and psychiatric needs.  

Mother has got to make a decision as to get her the best help possible since it appears that nothing else is working for her.  Mother is considering sending her to an out of state residential therapy treatment program which will be very expensive and insurance does not cover any of the fees.  

It has been decided by professionals that it is NOT to the child's best interest for her to get treatments at the Psychiatric treatments that are only provided on the insurance plan.  Basically, a hospital type setting with mentally disturbed children.  Professionals feel it would be more harm that good and definitely would not be beneficial.   Mother has documents stating all of the above from all professionals involved.

Questions:  Father is liable for one half of the medical bills.  Does he have any kind of argument not to help in the payment for this treatment if this was to go in front of the judge?  Does father have a leg to stand on to get out of paying ½ of the fees?

Any input would be appreciated.  

[Sunshine1]

Not legal advice, but what does it say exactly in your order about splitting medical costs?

I also have a medically needy child and needs weird things for him to be functional, of which, father has bucked as much as possible along the way.  My most bizzare was a stroller during a medical convention that one of the activities was at a local zoo.  He KNOWS our son can't make that haul so I rented the stroller.  It IS medically necessary, as it affects his walking.

Well he was not going to pay the 10.00 of the already 300.00 bill for the medical conference, so I sent it to child support.  Child support wanted an explanation, I gave it to them.  They couldn't fathom a stroller either, however that is not their job.  I told them I could get a Dr's note if you like...and they agreed it was medically necessary. ( the conference was under the dr's direction already and I had a letter for that)

Its not like I am out at the shopping mall, renting a stroller for MY enjoyment, and then trying to make him pay for it.  This was part of an out of state medical conference.

It really depends on what the order states.  Post exactly what it says and many of us can go from there.  I have learned however if it is under a doctor's direction he is liable for half.  Its considered an uncovered medical expense.

[Kitty C.]

If the medical professionals in charge of her care have decided that the only facilities offered by your insurance co. are NOT suitable for the girl, would they be willing to prove that to the insurance co.?  The reason I ask (and it can vary between ins. cos.) is that often doctors do get involved with insurance companies in order to get them to pay up.  If the doctors can convince the ins. co. that the best treatment for the girl is outside fo the ins. network, the ins. will pay for it.  It happens all the time.  And it's an avenue that might be worth pursuing.

A few years back, DS's psychologist recommended a therapist who wasn't covered by my ins. simply because of her credentials (the HMO didn't cover that classification).  But between letters from the psychologist and the therapist, not only did they convince the HMO to cover the therapist, they got the HMO to accept the specific credential as an approved therapy.  It took some work, but considering the hourws DS spent with her that year he saw her, it was worth the hassle.