[SearchingMom]

In a case where the CP and the NCP are court ordered to pay 50% of unrembuirsed medical bills, if either of them file bankruptcy and claim the medical bills, can they come back and ask payment for half the bill from the other parent.

[JudyKayTee]

In a case where the CP and the NCP are court ordered to pay 50% of unrembuirsed medical bills, if either of them file bankruptcy and claim the medical bills, can they come back and ask payment for half the bill from the other parent.

Whose name is on the bills? The medical providers are not going to care about the divorce decreee. They ARE going to care about whose name is on the bills.

A friend of mine filed in bankruptcy, listed her medical bills (the reason for the bankruptcy) - and two of the three Physicians refused to continue to treat her, even if she paid cash. She always said she was blacklisted.

That could be a concern.

Child support as such is NOT dischargeable in bankruptcy but I don't think this qualifies as child support in any way. This is a question for an Attorney.

[cadillac59]

I would say one half of unreimbursed medical expenses payable as part of a child support order would not be dischargable in bankruptcy because of they constitute a form of child support which, as stated, is non-dischargeable.

[JudyKayTee]

I would say one half of unreimbursed medical expenses payable as part of a child support order would not be dischargable in bankruptcy because of they constitute a form of child support which, as stated, is non-dischargeable.

I would question whether this is a form of child support because there is no dollar amount although there is a decision that the bills be divided in half.

I don't see these bills entering the calculation for child support. If health care premiums are part of support, they certainly do enter into the calculation.

Would be interesting to find a definitive answer.

[cadillac59]

I would question whether this is a form of child support because there is no dollar amount although there is a decision that the bills be divided in half.

I don't see these bills entering the calculation for child support. If health care premiums are part of support, they certainly do enter into the calculation.

Would be interesting to find a definitive answer.

Unreimbursed health care expenses are a mandatory child support add-on so I would think they would come within the non-dischargability provisions of the bankruptcy code.

I know that interest on child support is non-dischargeable. The Bankruptcy Code uses the phrase "domestic support obligations" in describing non-dischargeable obligations, which are defined as "support debts owed to or recoverable by the debtor's spouse and children as well as debts owed to or recoverable by a governmental agency" that provided assistance [welfare reimbursement] even if not under an order, and debts that, although not labeled 'support' are in the nature of support. (11 USC section 101(14A), cited in Hogoboom & King, CAL.PRAC.GUIDE: FAMILY LAW (The Rutter Group 2008) 18:70.

I would be rather sure that the unpaid medical is "in the nature of support" certainly if it's arises from a cs order.

[SearchingMom]

Thanks everyone for answering. I don't think I was clear. Here's the case.
Several children born to the marriage. All except one lives with mom. The one lives with dad. Child support was calculated and ended up Dad having to pay Mom. Court also ordered 50% unremburised medical and dental to each but with dad paying insurance. Everything is paid up to date and neither parent had to pay any bills. Most stuff was taken care of until recently when... a large medical bill arises on one of the children that mom has and dad has to pay half. This child is almost 18 also but does not finish school until June. Dad gets mad and stops support early and then turns around and tells mom that she owes half on a medical bill that occurred several years back. Mom has never seen the bill. Mom did know that during the time frame that the child received some medical attention and decides to check it out. Mom finds and calls medical office, obtains the bill only to find out that Dad filed bankruptcy and claimed this bill on the bankruptcy. It's been several years and the bill is paid. However Dad is now seeking for repayment of 50% from mom of a bill that he didn't even pay himself. If it was current, it probably would fall under the child support laws but it is past and paid. Can this retaleation be done?

[JudyKayTee]

Thanks everyone for answering. I don't think I was clear. Here's the case.
Several children born to the marriage. All except one lives with mom. The one lives with dad. Child support was calculated and ended up Dad having to pay Mom. Court also ordered 50% unremburised medical and dental to each but with dad paying insurance. Everything is paid up to date and neither parent had to pay any bills. Most stuff was taken care of until recently when .....a large medical bill arises on one of the children that mom has and dad has to pay half. This child is almost 18 also but does not finish school until June. Dad gets mad and stops support early and then turns around and tells mom that she owes half on a medical bill that occured several years back. Mom has never seen the bill. Mom did know that during the time frame that the child recieved some medical attention and decides to check it out. Mom finds and calls medical office, obtains the bill only to find out that Dad filed bankruptcy and claimed this bill on the bankruptcy. It's been several years and the bill is paid. However Dad is now seeking for repayment of 50% from mom of a bill that he didn't even pay himself. If it was current, it probably would fall under the child support laws but it is past and paid. Can this retaleation be done?

My simple explanation is that the medical debt was discharged in bankruptcy. He cannot now claim money from the mother, money which he did not pay, for that debt. It's double dipping and if he DOES and someone reports him to Bankruptcy Court and they care enough to look at it his Bankruptcy could be set aside for fraud.

I am not surprised that the bill was discharged in Bankruptcy just from gut instinct but the Law has been quoted so maybe this slipped through.