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Steven  K.
Steven K., Family Law Attorney
Category: Family Law
Satisfied Customers: 2331
Experience:  I have practiced family law since 1996, focusing on child custody and domestic violence
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Should not have to pay of Network Medical bills?

Customer Question

Should not have to pay for Out of Network Medical bills? Ex-wife is trying to make me pay for medical bills that are out of network when she could have taken the children to an in network therapist. Divorce papers say we should pay 50% of any out of pocket costs the insurance does not cover. This implies an in-network cost. Ex-wife made a choice not to use the insurance company. The cost for each out of network is between 200 to 400 per session. I am the custodial parent and we have joint custody of kids. First off, I never agreed to my kids to see any out of network therapist. 2nd, ex-wife never told me about any bill until she sent me court papers. 3rd, most of the bills have no signature. I feel I should only have to pay what to co-pay would be per session. Please advice.
Submitted: 7 months ago.
Category: Family Law
Expert:  Phillips Esq. replied 7 months ago.
You are a correct and you should response to any papers that she filed with the Court to force you to pay that way. You are not responsible for out-of network bills. You are also not responsible for any bills if there were no emergency when she took the kins to the doctors without your prior consent as provided in your Court decree. Kindly give a positive rating to my response so that I can receive credit for responding to your post. There is no additional cost to you for doing this. Thank you for your cooperation.
Customer: replied 7 months ago.
Please give a link to the NYS law that defines this.
Customer: replied 6 months ago.
Hi - The language in my papers state that we both are responsible for "50% of unreimbursed medical expenses". Please define in laymen terms "unreimbured medical expenses"
Expert:  Steven K. replied 6 months ago.
I must respectfully ***** ***** my colleague. There is nothing in your order (as you recite the order to me) that requires your ex to use in-network providers. Out of network providers are still submitted to the insurance company, but are usually subject to an extremely high deductible, that is never met. This does not automatically mean that you are not liable for those expenses. You can still argue that she failed to mitigate costs by using an in-network provider, but the Court is not required to relieve you of the obligation simply because she was unreasonable. You may, however, want to prevent this in the future by bringing a motion requesting that you not be responsible for out of network providers in the future. Unless she can show a really good reason for using out of network providers, the Court is likely to grant the request. Do you have any other questions?

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