VIC My ex is withholding money from me.

[Satcha]

I have been divorced from my husband for nearly 5 years. He pays our 4 kids their private health insurance but won't allow me to be on the account. This means that when I lodge a claim for 1 our kids, the money reimbursed is deposited into his account.
2 of our 4 children got braces and 1 of them needed an operation on his mouth. I've also had other medical expenses for the kids which I pay for. I have paid for all of this out of my own pocket, including the $500 every month to pay off the braces. The out of pocket expenses are around $8000 in the last 6 months. I went in to Medibank to hand over the receipts. They can't tell me how much I'll get back as I'm not on the account. They post off all the forms to Medibank and the amount reimbursed is put into my ex's account. This was over 2 weeks ago. Medibank told me to money would be in his account after 5 days.
I have emailed and texted him so many times and he doesn't respond at all. I know my messages are going through because he's responded to other topics.
How do I get my money back that he is with holding and how do I know if he's given me the correct amount?
It is so much out of pocket and I'm currently in financial dire straits and need it.
PLEASE HELP ME!

 

[sammy01]

ok so he is paying the health insurance right? he is paying child support? right.
So he doesn't have to pay the health insurance. That would mean you have to pay all of the health bills. He has no obligation to pay them (assuming you're the primary carer)

So options - get your own health insurance cover for you and the kids... OR don't put the receipts through the health fund. Look this is really messy... If he pays the health insurance he is entitled to the refund... So the other option really, is just for you to get your own policy and then you collect the refund.

 

[Satcha]

ok so he is paying the health insurance right? he is paying child support? right.
So he doesn't have to pay the health insurance. That would mean you have to pay all of the health bills. He has no obligation to pay them (assuming you're the primary carer)

So options - get your own health insurance cover for you and the kids... OR don't put the receipts through the health fund. Look this is really messy... If he pays the health insurance he is entitled to the refund... So the other option really, is just for you to get your own policy and then you collect the refund.

 

[Satcha]

I think you have misunderstood me.

He does pay for the 4 kids health insurance and he does pay child support.

However, I pay for all their medical and dental bills in full out of my pocket. I am then able to claim the full amount for the kids only with their health insurance, who pay a portion of it. The remaining amount is re-imbursed to whoever paid the bill to start with. He only gets the money the fund is re-imbursing if he's paid for the medical or dental bill.....which he didn't.

The reason the money goes into his account is because he's set it up that way with the health fund and refuses to change it because his own details etc are linked to it and the health fund only allows for 1 bank account to be set up.

Why should he get this money out of my pocket? In our child agreement contract he agreed to pay for their health insurance. However, he doesn't pay for the actual medical bills which have so far cost me nearly $16,000.00 in the last 6 months. I understand that and have no issue with it....the problem is the reimbursement of funds paid from the health insurer. Because I've paid for the procedures, the return from the kids health fund should go to me.

ie. Operation cost $5000
I paid upfront $5000
Health Fund covers $4000
The $1000 then is reimbursed.....why would be ex be entitled to this $1000 when it was me who paid it?

 

[sammy01]

ok so the problem is with the consent orders... He has to pay the health insurance... It doesn't say he has to pay you back the reimbursements...

So your choices... Pay the operation $5000 end of story... OR Get your own insurance... Pay $5000 and get rebate from your insurance.... OR accept that the orignal oders were badly considered. He has not breached the orders by not returning the money. He pays the healthi insurance. It is your choice -

My thought... Tell him he has to continue paying BUT you won't use the insurance unless he agrees to return half of the money of each service... He has to pay for the insurance It is your choice withere you're gonna use it...If he won't come to the party then he can deal wit hthe fact he is making paymenst for health insurance that wont get used so his money will be getting wasted. Unfortunatley, the diference between one person being insured and a single person and a few kids, isn't that much more money per fortnight.

Look - the consent orders were badly written. Not much you can ddo about that now. But the fact is for most cases all the paying parent is responsible for is the chid support payments.

 

[SamanthaJay]

Unfortunatley, the diference between one person being insured and a single person and a few kids, isn't that much more money per fortnight.

Mine is $150 per month difference. I'm going to ditch my 18yo off mine as soon as his braces treatment is finished. And it was the same amount as a single person whether I had one, two or three kids on it.

 

[AllForHer]

Generally speaking, I agree that the orders are badly written and there might not be much you can do...

But, I still think you should talk to a lawyer all the same and get advice about whether the recovery of the reimbursements can be pursued in small claims court. My mind goes straight to equitable remedy, but it's not my area of expertise, so I would get legal advice just to see if it's an option.