Legal Question in Family Law in Ohio

Extraordinary medical expenses

I have two children & I have been divorced from their mother for 9 yrs. My ex has continually tried to make my life difficult for leaving her through unnecessary medical/dental bills for the kids by not going through the insurance providers. Five yrs ago I moved and my employer did not provide health insurance benefits, so my ex applied for Healthy Start/Medicaid for the kids and received it. What my ex is doing right now is refusing to take the children to a dentist that accepts the medical card (even though there are several in her area). Last year alone (2003) she claims to have spent $5000 just in routine dentistry care for the kids (we are not talking braces or anything not covered by medicaid). I can not afford these bills on top of my child support. Is there anything that I can do? Also she refuses to provide the cancelled checks that she claims to have paid these bills with...any recourse? Our divorce decree states that I am only responsible for a percentage of Extraordinary medical expenses. Does that mean those medical/dental expenses that are covered by insurance but shes chosen not to utilize proper providers so that the services would be covered?


Asked on 1/08/04, 5:26 pm

1 Answer from Attorneys

Stephen Daray Sciangula & Daray

Re: Extraordinary medical expenses

Depending on where your divorce order is from, you may be able to move the court for an order requiring your ex to use a network provider. It may not provide much relief from past accrued bills, but may help in the future. Make sure you get a listing of all the bills you paid and be able to demonstrate what the costs would have been had she used a covered provider. Call with any question. 440.835.8200 Steve Daray.

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Answered on 1/09/04, 8:21 am


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