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S. Kincaid
S. Kincaid, Family Law Attorney
Category: Family Law
Satisfied Customers: 2512
Experience:  I have practiced family law since 1996, focusing on child custody and domestic violence
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My ex wife is the Office Manager at a dental office. We have

Customer Question

My ex wife is the Office Manager at a dental office. We have two daughters together ages 16 and 7 who have been receiving dental treatments at her office for the last two years. I am the primary insurance provider and I have never been billed for dental services performed on our daughters before. It is the dental offices policy that any work done on immediate family members is only charged what the insurance covers and all other charges are written off. Last November I stated to my ex that we are to go by the parenting plan and how it is written. As of last November I have been getting charged for half of what the insurance company hasn't covered. My ex wife is stating she going by the parenting plan with the fact I am responsible for half of all out of pocket expenses. My ex wife is in charge of all billing. I was never informed of any charges I would be responsible for nor did I authorized any work done on our daughters. It should be noted that I am the primary insured yet received no notices of dental work being authorized on my behalf. I have made several attempts to address this matter with the dentist directly (via phone, email, and going to the office). I have let the office know that the girls were no longer going to be seen there with my insurance because they are not a network provider for my insurance and I thought it was a conflict of interest with regards ***** ***** ex wife handling the billing. My ex wife is still insisting the girls be seen there but she would get pre authorization for services provided. It should be noted that this is not the only area in which my ex wife is trying to control/manipulate/dictate after our divorce. What recourse do I have since I am the primary insurance provider and my ex wife still submits claims to my insurance provider? What recourse do I have since both my ex wife and the dentist have ignored my request for a face to face appointment to discuss these issues? I highly suspect that my ex has intercepted those correspondences and he is not aware of the situation.
Submitted: 3 months ago.
Category: Family Law
Expert:  S. Kincaid replied 3 months ago.
In what state is this?
Customer: replied 3 months ago.
Oregon
Customer: replied 3 months ago.
Just talk me through it
Expert:  S. Kincaid replied 3 months ago.
How is the order worded with respect to dental expenses? And is it a final order or a temporary order?
Customer: replied 3 months ago.
We split any out of pocket expenses 50/50. It is the final order.
Expert:  S. Kincaid replied 3 months ago.
Does it say whether you pay it to the provider or to the other party?
Customer: replied 3 months ago.
I will check real quick
Customer: replied 3 months ago.
It says the coordinator shall be responsible for coordinating all payments for applicable expenses and provide contributor with all documentation. The contributor then reimburses coordinator
Expert:  S. Kincaid replied 3 months ago.
she's the coordinator and you're the contributor, right? So you ask her to provide you proof of payment by her so you can reimburse her. It doesn't sound like you're supposed to pay the dentist directly and you only pay her when she provides you with proper documentation.
Customer: replied 3 months ago.
The issue is that I have never been billed for dental work on our children until we had issues with the parenting plan. All other medical expenses have been split 50/50 with no issues. I was never approached by the dental office of any out of pocket expenses until my ex sent me a bill after the work had already been done. And only after I stood my ground of honoring the parenting plan. As an employee she is able to write off 100% of all cost not covered by insurance
Expert:  S. Kincaid replied 3 months ago.
Right, but the decree doesn't require you to pay the dentist directly. And if you've never signed as a guarantor, the dentist as you know, shouldn't bill you directly. Can you possibly find the dentist's home address or social media profile so you could contact the dentist without your ex intercepting?
Customer: replied 3 months ago.
What could I possibly ask the dentist? My concern is that she will be billing me in the future on charges she doesn't get billed for. What recourse do I have?
This dental office is not a network provider and thus costs more. Again, I had not been billed in the past as she gets an employee benefit for all family members. Now she has resorted to writing off her portion of dental bill the girls incurred but I have to pay the balance.
Expert:  S. Kincaid replied 3 months ago.
I think you can tell the dentist that your ex is improperly billing you when you have not signed as a guarantor and she is bringing the kids to the dentist. Or instead, you could also ask him why he's billing you instead of her since she's the one bringing the kids. You could point out that it's improper. You could ask if he knows she's doing this.
Customer: replied 3 months ago.
Can I file a complaint against the office? I have attempted to talk to the dentist to no avail. I have sent a written certified letter stating that my kids were no longer to be seen there as they are not a network provider and it's a conflict of interest since my ex is the office manager. Yet my ex still insists they be seen there.
Expert:  S. Kincaid replied 3 months ago.
You could complain to his licensing authority that he bills you improperly and refuses to communicate with you.
Customer: replied 3 months ago.
Ok, thank you. As a family law attorney what is the most effective way to send my ex wife the message that she can no longer use the children to harass and manipulate the situation when she doesn't get her way? As I stated before this has only been one way she has attempted to enforce a situation. I have stated numerous times that I will only communicate with her via email yet continues to call and text and to create these types of situations to get back at me for whatever reason. As you can see, look at how much time I have invested in just this situation alone...yet there are three years worth of this.
Expert:  S. Kincaid replied 3 months ago.
If you want to compose a letter, I can review it.
Customer: replied 3 months ago.
Ok, that would be great!! By when would you need it by? I'm going to be out of town for work until Monday. Would I be able to forward it to you then?
Customer: replied 3 months ago.
Also what kind of things should I include so as to not waste your time?
Expert:  S. Kincaid replied 3 months ago.
Monday would be fine. Why don't you write everything you want her to stop doing and then I'll review it to see if it's presented well.
Customer: replied 3 months ago.
Ok and how do I forward it to you?
Expert:  S. Kincaid replied 3 months ago.
You can attach it to this thread.
Expert:  S. Kincaid replied 3 months ago.
Or copy and paste it.
Customer: replied 3 months ago.
Ok thank you very much!
Expert:  S. Kincaid replied 3 months ago.
Looking forward to seeing it.