Medical reimbursement

[DecentDad]

Hi Soc,

In our orders in CA, it states that each party shall be responsible for one half of healthcare costs not covered by insurance.  It also makes reference that if either party requires reimbursement from the other party, it shall be pursuant to the terms of FC 4063 and payable within 30 days.

Over the past several years, biomom and I would send each other bills, circle the due amount, and write "Pay half".  We'd always pay the healthcare provider our respective shares directly, never reimbursing each other.

Since June 2005, biomom made significant use of our pediatrician for our daughter (i.e., every sniffle, go to the doctor).  Daughter is now beyond the "Well child care" program (no co-pays), so each office visit has a co-pay.

Between June and August, co-pays summed to $474.  I paid my half with each billing cycle, and I sent a copy of the bill to biomom, as always.

For reasons beyond my knowledge, biomom hasn't paid anything.  She currently owes $237, now 90 days past due (per doctor's recent invoice).

Biomom hasn't respond to my couple of email inquiries about the mounting balance due.

I know I could pay it, submit request for reimbursement, then drag her into court after 30 days.  I don't want to have to go to court over this, if there's another way.

My pressing issue is that MY name is on the doctor's bill, since daughter is covered by my plan.

Note:  I pay child support directly to biomom, twice monthly.

1. If I pay the balance owed, request reimbursement per 4063 (proof of payment), and advise biomom that she has 30 days to reimburse me, what's the worst that would happen to me if I then just deduct it from the first child support payment after 30 days?

I mean, if she tries to contempt me for nonpayment of support or raises it in the future, is a judge really going to slam me on this?

DD

[socrateaser]

>1. If I pay the balance owed, request reimbursement per 4063
>(proof of payment), and advise biomom that she has 30 days to
>reimburse me, what's the worst that would happen to me if I
>then just deduct it from the first child support payment after
>30 days?

If mom's lawyer hasn't yet filed the substitution/withdrawal form, then write the lawyer, copy mom, explain the situation, provide your documentation and suggest your solution.

State that unless you receive a reasonable objection in 15 days, re the mother's inability to pay, that you will take the deduction from the next support payment and direct it to satisfy the healthcare provider's bill.

Technically, you'll be in contempt for not paying the appropriate amount of the order, but mom's in contempt for not reimbursing you, because she has the ability pay, via a deduction from your support payment.

So, if you both file for contempt, the court will either find both of you in contempt and then offset the awards against each other (a wash), or the court will find that neither of you are in contempt, because you were paid what she owed you under the law, from her support money.

De minimis non curat lex.

[DecentDad]

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