Legal Question in Family Law in South Carolina
Ex wife has submitted documents for reimbursement of medical costs for daughter which do not reflect insurance coverage and resubmitted same account number in a wage garnishment document therefore asking for 1. monies that were already 95% covered by insurance and 2. double request for same money. Refuses to provide access to hospital billing for clarification of actual residual bill and also clarification that account actually belongs to the said child. Trying to file that I am in contempt -- have always paid what I can see has been paid and is still due. What are my choices when she continues to ask for monies not due and asks for them two different ways therefore double dipping. I want to resolve the issue but am continuously denied any access for objective clarification.
2 Answers from Attorneys
It appears that if she does file an action for contempt that she will not likely be successful. If she does file an action, please seek the advice of an attorney so that you might subpoena the information that you have been unsuccessful in obtaining. In the meantime, you should send her a written request for the EOB (explanation of benefits) forms that she receives from the insurance company. Make sure you send the request via certified mail return receipt requested. Keep a copy of the letter you send with the certified mail receipts. You may provide them to the Judge if she files a contempt action to show that you have tried to work this out. You may also want to see an attorney about changing your court order to include the following language: "For all uncovered medical and dental expenses for daughter the mother will provide father with copy of EOB, prescription receipt or co-pay receipt within 30 days of receipt. Father will reimburse mother for his % within 30 days of his receipt of the EOB, prescription receipt or copay receipt. Father will only be responsible for submitting payments for EOB's, prescription receipts and co-pay receipts." By adding this language you won't have to pay bills that have not been submitted to insurance yet and you will know what has been covered by insurance. You will also have all of the info that you need (provider, date of service and name of person receiving the service).
This is the type of case in which an attorney would greatly benefit you. The attorney could attempt to obtain verification of the items in question and protect you if they are not provided.
These are complex issues, and it is important that they be handled correctly. Therefore, it is important that you consult an experienced family law attorney to find out what options are available to you based on the facts of your particular case.
If you need more information, you can visit my family law blog (www.SCFamilyLaw.com) or our website (www.SpartanburgLawyers.com). I wish you the best of luck.
Ben Stevens
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