In Ohio, if your ex is court ordered to pay for part of your child’s medical expenses, and they are not doing it, then you may have to go back to court to enforce your order. First, you need to follow the process to ask your ex for what is due. In order to avoid problems, both with your ex (theoretically) and with the court, you need to get ORGANIZED.
Because of health insurance, paying for medical expenses can be complicated. Therefore, you want to collect documents and organize information to show that you have gone through all the necessary steps and the money you are asking for is actually due. Here is a list of information (and supporting documents) that you need to organize:
- Date of Treatment
- Name of Service Provider
- Amount of Bill
- Date Bill Sent to Other Party (note, you may have a deadline for this in your court order, such as 30 days)
- Amount Insurance Paid (you should have provided your ex and/or the court with a copy of an explanation of benefits)
- Amount You Paid (you should have provided your ex and/or the court with a copy of the receipt)
- Amount Paid by the Other Party (your ex) (show the court copies of their check)
- Amount of Unpaid Bill
- Amount Still Due From the Other Party (your ex)
Ideally, the best way to organize this information is in a spreadsheet. If you don’t have spreadsheet software, don’t worry about that, because the Supreme Court of Ohio has prepared a form that you can use to track this information, and to show the court how much is still owed. Remember, this form is not a substitute for the supporting documents, just a SUMMARY of the supporting documents. To see the Supreme Court’s form for tracking medical expenses, follow this link:
http://www.supremecourt.ohio.gov/JCS/CFC/DRForms/Form26.pdf
Before you file for contempt, you are required to try to work it out with the other party in some way. You can use this form to help get yourself organized and see what is truly owed on medical expenses. When you have given this to your ex, along with the supporting documents, if they still won’t pay, then you are prepared to assist your attorney with preparing for going to court. Note: this is not the ONLY way to present your ex with medical expenses. He or she cannot refuse to pay until you give them this spreadsheet. It is just an organized way to present things to your ex and to the court.
You still have to understand the rules of evidence to get your documents into evidence at trial, but organization is half the battle and you will be well on your way to getting what is owed to you.
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