Legal Question in Family Law in New York
paying medical bills!!
about 4yrs ago i found out i had a child i've been paying child support since. now i found out the child has diabetes and the mother wants to file a petition so i can pay for the medical bills, i'm paying 403.00 a month i'm also providing the child with health insurance. i really don't know if the mother is using my health insurance when he goes to see the doctor? will i have to pay for the whole portion of the medical bills even if the child is under my insurance and maybe the mother has decided not to use the insurance? i have a 2yr old son who i need to support also, will the judge have some sort of consideration for my other child? i'm at a lost here...i need some advice. another thing the child lives in rome, ny and i'm in japan?? how can i get a lawyer being so far away? thank you
1 Answer from Attorneys
Re: paying medical bills!!
1. Being in a foreign country does not limit you from retaining a lawyer in NY. However, I am not sure if a Court Order in NY is binding on a Japanese citizen. You would have to talk to a local Japanese attorney to get that answer.
2. Most child support orders include payment for unreimbursed medical expenses. A percentage is attributed to each parent pursuant to each individual's income. Therefore, if the mother works and her income equals yours, you would not have to pay 100% of unreimbursed medical expenses. You would be responsible for 50% of the unreimbursed medical expenses.
3. I don't know if your Japanese health insurance may be used in the United States. I would call and ask for additional information from your health insurance provider.
4. If the mother has insurance (and you don't), the Family Court would direct her to use her insurance with unreimbursed medicals to be divided according to income information provided by both father and mother.
Mike
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