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Mom Should Pay Half of Little one’s Residential Therapy Prices

Tennessee baby help case abstract on uncovered medical bills.

Sara Marie Poe Mossbeck v. John Pollard Hoover

Mom Should Pay Half of Little one’s Residential Therapy Prices

The mom and father on this Hamilton County, Tennessee, case have been married in 1997 and divorced in 2000.  That they had one baby, and the everlasting parenting plan supplied that the daddy would keep medical insurance coverage with a deductible of lower than $200.  Uncovered medical bills could be divided by the events.  In 2012, the kid was positioned with the daddy, who, due to behavioral and psychiatric points, positioned the kid with residential applications.  The mom consented, however didn’t signal the cost settlement.  Bills have been vital, and in 2016, the daddy filed a petition for contempt to pay the uncovered medical bills.

The trial court docket didn’t maintain the mom in contempt, however ordered her to pay half of the bills, granted judgment to the daddy, and allowed the mom to pay the judgment in installments.  The daddy introduced an attraction to the Tennessee Court docket of Appeals.

The daddy first argued that the trial court docket erred in failing to search out the mom in contempt.  However the appeals court docket agreed with the decrease court docket that as a result of the mom didn’t have a capability to pay, her conduct was not willful.  Subsequently, a discovering of contempt was not applicable.

The daddy additionally argued that the spouse ought to have been answerable for a portion of the payment of a CPA used to find out the quantity the spouse owed.  However the appeals court docket agreed with the decrease court docket that this situation was correctly determined by the decrease court docket.

The mom argued that the complete quantities owing weren’t “medical payments” for functions of reimbursement.  However the appeals court docket held that she had failed to boost this situation within the trial court docket, and that it was waived.

The appeals court docket did word one correction within the quantity of medical payments paid, and diminished the mom’s portion.  However in all different respects, it affirmed the decrease court docket’s ruling.

No. E2020–00311-COA-R3-CV (Tenn. Ct. App. Apr. 30,  2021).

See unique opinion for precise language.  Authorized citations omitted.

To be taught extra, see Child Support Collection & Enforcement in Tennessee.

See additionally Tennessee Parenting Plans and Child Support Worksheets: Building a Constructive Future for Your Family that includes precise examples of parenting plans and baby help worksheets from actual instances obtainable on Amazon.com.

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