I HAVE A 2 1/2 YR OLD DAUGHTER WITH GF. WE ARE NO LONGER TOGTHER AND SHE HAS NOT SEEN MY DAUGHTER SINCE LEAVING THE HOSPITAL AT BIRTH AND HAS NO DESIRE TO. I RECEIVE MEDICAID FOR HER, BUT RECEIVE NO MONETARY HELP FROM CHILD SERVICES. CS IS NOW GOING AFTER MOM TO PAY. MOM IS A DRUG ADDICT AND THERE WILL NEVER BE ANY CHANCE OF HER PAYING A PENNY SO ARRESTING HER WILL BE USELESS, BUT THAT IS WHAT THEY WILL DO. MY QUESTION IS: IF THEY GIVE HER AN AMOUNT TO PAY AND I ACTUALLY PAY IT TO CS MYSELF, UNDER THE GUISE OF HER PAYING IT, WILL THAT FULL AMOUNT COME TO ME IN A MONTHLY CHECK OR DOES THAT MONEY STAY WITH THEM TO COVER THE MEDICAID. IF I CHOOSE NOT TO GO AFTER HER FOR THIS MONEY, MY DAUGHTER WILL LOSE HER MEDICAID. I WILL GRADUATE FROM COLLEGE IN DECEMBER AND THEN CAN AFFORD TO GET INS. FOR US BOTH, BUT CAN NOT NOW. I LIVE IN OHIO
State/Country relating to Question: Ohio
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Can you please tell me if the mother was ordered to pay for insurance for your daughter? Or if she was ordered to pay a pro rata share of health care expenses not covered by insurance?
we are unsure about that. both parties are to show up in court in 3 weeks. she will not show up.
Okay, thank you. The money should come back to you.
Based on a 2001 court decision, it has been argued that if a support order requires a non-custodial parent to pay his or her pro rata share of health care expenses not covered by insurance, this obligates the non-custodial parent to reimburse the Medicaid program for his or her pro rata share of all Medicaid expenditures made on behalf of the child. But this has been overruled and should not be applicable here.
Did you have any further questions for me at this time? :)
so do you believe that this money wlll be given to me as a monthly compensation or CS keeps it?
The mother was ordered to pay you support, correct?
If so, CSE (Child Support Enforcement) is seeking to get this money to then send to you.
no, there has been no court order to pay support to me. i am not asking anything of her
i want her out of our lives
Okay, then no, the money will not come to you until there is a support order.
If there is not one in place, CSE is indeed seeking a reimbursement for Medicaid.
okay, thank you for the help
that is what i needed to know
So don't waste your money--I know what it is like being a poor student! :)
Maybe she will get some help in jail and clean herself up.
You're very welcome! Thanks for being such a great customer here at JA!
i hope so and again i hope not lol
I hear you! :)
Family Law Attorney
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