As written in our divorce decree, we have joint custody, and my ex is to provide health insurance for our two children, and pay 63 of out-o...

Question

As written in our divorce decree, we have joint custody, and my ex is to provide health insurance for our two children, and pay 63% of out-of-pocket medical expenses, there is NO time limit of when he is to send the bill for me to pay my part. During our visitation rotation, I have the children for 5 days, then he has them for his three days off of work (these are not always be the same days of the the week, the days ladder each week, due to there being 7 days, not 8). I work Monday-Friday and having a day off or finding a replacement is like pulling teeth for me, so he had been in charge of all medical appointments for the kids.

After myself, himself, or my father making appointments, he decided that he couldn't afford a bill, and without informing anyone (the medical offices as well), he just never brought the children to their appointments. He made excuses saying the offices had to reschedule (we found out through the office that it wasn't the case). My father and I took over after my daughter had gone 4 months without two major cavities had been in cared for. So, appointment scheduling and transportation are no my father's and my duties.

My father went to have his teeth worked on this week, and after, asked to schedule follow-ups for my children. The office told him they had been dismissed due to unpaid bills over $400 taken to collections. First of all, my ex gets the bill after his insurance takes care of their part. Second, he never sent me a copy of the bill for me to pay. His excuse: "you knew when they went in, you should have known when the bill came."

Let me back up just a bit and say, that a few months ago, I got a letter from collections from another provider for the same instance, for only $80. The provider never contacted me directly for unpaid bills, but I would receive mail at my address for him from them, I ended up taking care of my part. This time, I hadn't received anything from this provider or collections.

I will pay whatever of the bill that I am responsible for, but I informed him, that he will still be in collections and responsible for his part. I am assuming I wasn't lusted as responsible party do to me not receiving unpayment notices. My children are being denied health care and weren't previously getting any, because his lack of being responsible. Would this help give me more custody time with my children, or what can I do about this situation?

Answer

Failure of one parent to comply with Orders of the Court, or failing to provide proper care for the children, can be used to modify custody. But, creditors are not bound to the percentage split t of a divorce decree, or custody/support Order. You're probably 100% liable to them as is the father. Your Court Order allows you to collect his portion of what you pay to the creditors.

Good luck