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ANDREA,
ANDREA,, Lawyer
Category: Family Law
Satisfied Customers: 11869
Experience:  25 yrs Family Law, Real Estate & Business Law, Criminal Defense, Immigration, Employment Law
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My daughter was pregnant at the age of 17 the father was 18

Customer Question

My daughter was pregnant at the age of 17 the father was 18 we did not pursue legal action at the time
We let them live in our home with the agreement that we would take the baby and my daughter for the tax deductions at the end year. They paid $30.00 per week for most of the year to help with utilities
They also were to buy some food which did not happen. Then they became married in September
And he joined the army, but my daughter and her child still lives with us and there also is a fair amount of Doctor Bills that are not paid due to the pregnancy. Do we have any legal rights to fight for him to pay the bill and do I have a legal right to use the child on my taxes. Could we still press charges on him or is it too late? Not that I really want to but that may be the only way I have to get him to face up to his bills
If he had a felony they would boot him out of the service I think.
Submitted: 4 years ago.
Category: Family Law
Expert:  ANDREA, replied 4 years ago.

 

 

Hi, and Welcome to JustAnswer,

 

My name is XXXXX XXXXX I am a licensed, practicing attorney with 25 years experience in Family law, and will help with your question

 

ANSWER

 

1. If you paid for the doctor and hospital bills, you would have to sue him for reimbursement. However, in such an action you would have to also name your daughter in the lawsuit, that should be enough of an incentive for him to start paying. In addition, once you get a judgment, you can ask the Court for a Writ of Garnishment, serve it on his paymaster and a set amount would be taken directly out of his monthly pay and sent directly to you.

 

2. It is too late to bring any charges against him.

 

3. You would not be able to take your daughter or your grandchild as deductions on your income tax returns because she is married and her husband will use them as deductions on his income tax, so, you would only be inviting an audit by the Internal Revenue Service and you will be incurring penalties and interest on the amount which you should not have taken as deductions.

 

Please press "ACCEPT" so that I may receive credit for assisting you

 

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Kindest Regards,

 

ANDREA, JD, LLM

MEMBER, NY & PA BAR

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ANDREA,, Lawyer
Category: Family Law
Satisfied Customers: 11869
Experience: 25 yrs Family Law, Real Estate & Business Law, Criminal Defense, Immigration, Employment Law
ANDREA, and 5 other Family Law Specialists are ready to help you
Customer: replied 4 years ago.

80% of the Dotor Bills - has been paid by my insurance leaving about $4000.00 not paid should I tell the insurance company to recover the cost ? and want are the chances of winning if I do sue . If he knew he would have to pay everything even back to th insurance company I think i would have his ear and we could work something out.

Would you be will to send a letter stating to him what I could do .

When I accecpt can I still ask a few more questions on this matter without paying ?

Expert:  ANDREA, replied 4 years ago.

First, In answer to your last question, you may ask follow up questions for clarification of any Answer I have given you, in fact I encourage that because I want my customers to have a satisfying experience here. The site rules also encourage follow up questions for clarification. They only ask that when a question is new and not for clarification, that it be asked in a new window. You can still ask for the same expert, but it must be asked in a new window.

 

I am preparing an Answer to your follow up questions, but I wanted to get this off to you first so that you know that I'm working on those Answers for you and you do not feel ignored. Give me a couple of minutes, Okay ? Thank you. Andrea

Expert:  ANDREA, replied 4 years ago.

 

1. If the insurance company paid 80% of the bills, then I imagine the balance of $4,000 is the deductible. I doubt the insurance company would be willing to pay it, but you have nothing to lose by submitting them. If they pay the $4,000 then you have to tell me how you did it, so I can get my insurance company to pay 100% also, deal ? J

 

2. If you sue, you have an excellent chance of winning, but only the $4,000 that was not paid by the insurance company. You cannot sue for the full amount because that would be considered fraud.

 

3. You should not tell him that he might have to pay the insurance company the full amount because you would be jeopardizing yourself, it will almost be an admission that you do not believe that your insurance company should have covered your daughter's medical expenses and that you committed a fraud on the insurance company. So, I would stay away from that. Just tell him that he owes $4,000 for unreimbursed medical expenses and also that he had better start sending money to your daughter for support and that if he does not, she will file a Complaint for child support, then have the amount deducted by the quartermaster or whoever takes care of the payroll for service personnel. That ought to be an embarrassment for him because it will be like telling everyone he is a deadbeat dad who does not support his child.

 

4. JustAnswer does not allow communication between the Experts and anyone else except on their website, therefore, I could not write the letter you are referring to. As much as I would like to, I would be violating site rules and I would get into trouble. I hope you understand my position.

 

 

 

 

Kindest Regards,

 

ANDREA, JD, LLM

MEMBER, NY & PA BAR

Don't forget to leave positive feedback!

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ANDREA,
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25 yrs Family Law, Real Estate & Business Law, Criminal Defense, Immigration, Employment Law