Granite City, IL asked in Family Law and Child Support for Illinois

Q: My husband's ex-wife uses the kids medical cost as an increase to her pocketbook

Their divorce decree States both parties are responsible by 50% for all medical cost so that's how she gets us! She takes the children to the doctors, emergency rooms, specialist, etc as often as she can In fact twice in the last two weeks for totally different non emergent reasons just so my husband will have to pay her ... and the court paper says pay her directly! So how do we know she is paying her part? Im sure she is just collecting from us ! How do we stop this madness of harassment through court and mistreatment to children medically??

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1 Lawyer Answer

A: A well-phrased court order in a divorce splitting medical bills typically provides:

1. Both parties cooperate with each other, all medical providers, and all health insurers in order to maximize legitimate insurance benefits;

2. Medical bills must be provided to the insurance company (if any) within a reasonable period of time (I use 7 days);

3. After all insurance payments, deductions, and credits have been paid or allowed each party is responsible for XX% of the balance still owed the medical provider and is expected to pay his or her share of the balance still owed directly to the provider within a reasonable period of time (I typically use 14 days) after receiving documents establishing what the balance owed after all insurance payments, deductions, and credits have been paid or allowed on the original bill;

4. If either party can prove they paid the full balance due and owing the medical provider after all insurance payments, deductions and credits have been allowed, he or she is entitled to be reimbursed for the other party's percentage within a reasonable period of time (I use 14 days) after they provide the non-paying party a receipt showing they've paid the full amount.

If your court order says nothing like this and you are convinced the other party is literally making money off you, go back to court and try to get an order entered with language clarifying the rights and duties of each party.

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