Welcome to CafeMom
join our community and talk to other moms, share advice, and have fun!

(minimum 6 characters)

We won't show your age or birthday to anyone unless you want us to!

Should BM pay?

Posted by on Jan. 31, 2012 at 1:58 PM
  • 57 Replies

DH won custody in court on 12/12 of SS14 and SS11.  In court it was agreed on that both parents would carry health insurance on the kids and split what isn't covered 50/50.  DH's insurance is not adding SS's to the policy until they have a CO.  The CO has finally made it to the judge and waiting to be signed.

SS14 was riding 4 wheelers at a friend's house Sunday and flipped the one he was on.  Dh took him to the ER and he has bruising, slight sprains and a concussion.  The only insurance submitted was BM's and the copay was $75.  DH sent BM the receipt for it and she is supposed to pay half within 15 days.  DH took SS to the pediatrician today for the follow up, and again the copay on BM's insurance was $74 and change and she is supposed to pay half.

BM emailed DH this morning and said she is not paying half until he submits his insurance.  He explained to her he doesn't have it for the kids yet so they are only on hers.  So far he hasn't heard back from her, but based on how she is and the tone of her emails, he is expecting her to say she isn't going to pay at all.

Should she still be expected to pay even though DH doesn't have the second insurance on them yet?

Posted by on Jan. 31, 2012 at 1:58 PM
Add your quick reply below:
You must be a member to reply to this post.
Replies:
LivnSimply
by on Jan. 31, 2012 at 2:29 PM
1 mom liked this
Even if the final court order isn't signed the Judges hearing decision should suffice in lieu of the final filed order. We were informed that the document (even hand) written by the Judge at the hearing is an amendment and as good as the final typed one.

Also, most insurances will place things of this nature in a holding pattern and back date it but I would suspect that the signed hearing court order is sufficient. He would have had to be paying premiums or maybe he can do a lump sum payment.

I agree with her. I am surprised his insurance wasn't billed as well. I think some additional phone calls need to be made and pulling of the court orders. I wouldn't pay until the insurance was submitted and rejected or proof showing that it wasn't covered.

How long ago was this custody change and when was the court hearing? Is he paying premiums or did he wait too long and the ability lapsed?

My last thought, it seems a bit lax or negligent to have him ride an ATV without being insured per the court order to me. It's just my opinion but my position would be it was a bit negligent on my part and I'd cover it for that reason.
Posted on CafeMom Mobile
baparrot2
by Gold Member on Jan. 31, 2012 at 2:35 PM

Of course she should pay half. 


whatIknownow
by Platinum Member on Jan. 31, 2012 at 2:42 PM
3 moms liked this

Honestly... I would ask her what she wants to pay, and take it. I would just eat the difference.

As a CP I think you have to realize you will never get everthing that you should have coming to you. You can't chase these people down for every penny, no matter what the CO says. I have eaten thousands of dollars that I should have collected from my Ex. Same with BM. It's just not worth  it.

So get used to the idea, that what you buy with that money that you should collect but don't, is peace.

jlg12678
by Silver Member on Jan. 31, 2012 at 2:56 PM

Of course she should pay half.

 

Mommy0505
by Bronze Member on Jan. 31, 2012 at 3:07 PM
1 mom liked this

Yes she should pay half, but that doesn't mean she should do it before it's submitted to the insurance. 

Ms.Gwen
by Gold Member on Jan. 31, 2012 at 3:12 PM
This. Life isn't fair. Fair is a pipe dream. Is the juice really worth the squeeze on this one?


Quoting whatIknownow:

Honestly... I would ask her what she wants to pay, and take it. I would just eat the difference.

As a CP I think you have to realize you will never get everthing that you should have coming to you. You can't chase these people down for every penny, no matter what the CO says. I have eaten thousands of dollars that I should have collected from my Ex. Same with BM. It's just not worth  it.

So get used to the idea, that what you buy with that money that you should collect but don't, is peace.


Posted on CafeMom Mobile
theadored1
by Member on Jan. 31, 2012 at 3:28 PM
If it were the other way around would u still be asking thi8s question? im with the both of u. yes she should pay and yes she should wait till its submitted. but if she were smart i would just pay because wouldnt that be another co pay or deductible she has 2 pay half 4
HopesNDreams
by Member on Jan. 31, 2012 at 3:33 PM

 Your insurance should retro cover to the judge's order date once it is signed.  At that point you re-submit the claim.  BM should them pay half of what is not covered after that.  If you are not willing to go to that trouble and wait for the actual amount she owes half on, then you need to just cover it yourselves.

yesmaam
by Stir Me on Jan. 31, 2012 at 3:43 PM

 I think it can wait and be submitted to the insurance company on BFs policy first then split whats left over.

Well wait, the incident occured prior to SS being on the policy, so are the gonig to back date the policy? If so, then yes wait til they pay their portion, but if not, sorry BM needs to pay half.

needsupport100
by Bronze Member on Jan. 31, 2012 at 3:50 PM

i don't think she should pay half until ins is taken care of. call the ins company and find out if they will accept the claim, if not, then imo your dh should eat what ins doesn't cover, and bm should pay only half of what the cost would be if ins covered it

Add your quick reply below:
You must be a member to reply to this post.
Welcome to CafeMom
join our community and talk to other moms, share advice, and have fun!

(minimum 6 characters)

We won't show your age or birthday to anyone unless you want us to!
Advertisement