Abatement of medicaid reimbursement if father marries mother

Whenever the prosecuting attorney files to establish support on behalf of a child born to an unmarried mother, and medicaid has paid the expenses of the birth and confinement, the court will order that those costs should be reimbursed. This law, MCL 722.712(5) was amended effective October 1, 2004. The amendment, in an effort to promote marriage, allows for those expenses to be abated (erased) if the parents marry.

A recent court of appeals case has decided a case of first impression (for laypersons, this means that the issue has not been decided by an appellate court yet). In Booker v Shannon, the parents had four children while they were unmarried. The birth and confinement costs were paid by medicaid and orders were entered for the father to pay child support and the expenses covered by medicaid.  Then the parents married and ten years after the orders had been entered, the father asked the trial court to relieve him of the medicaid reimbursement. The trial court refused.

The court of appeals disagreed and reversed the trial court's decision.  The plain language of § 712(4) clearly provides an order for repayment of the expenses shall provide if the father marries the mother after the birth of the child and provides documentation of the fact, the unpaid expenses are abated. The plain language of § 712(5) clearly provides although sections 4 and 5 were not effective until October 1, 2004, orders entered before that date are also subject to abatement "if the father marries the mother."

The Court of Appeals held: "Simply put, MCL 722.712(5) places fathers who had an order providing for the payment of confinement and pregnancy expenses entered before October 1, 2004, on the same footing as fathers who had an order entered after October 1, 2004."

You may read Booker v Shannon here.

Comments

[Jeanne M. Hannah]

Typically, this is the type of case where the prosecuting attorney will establish paternity and seek reimbursement of the Medicaid birthing costs. Sometimes these expenses are apportioned between both father and mother. If the parties marry, then the birthing costs are not collected.

[Jill White]

My son and his girlfriend had a baby and were not married. They did live together but did not have health insurance. My son pays all the bills but only makes $ 21,000.00 a year. The baby received medicaid and his mother received medicaid for the birth but nothing else. Will my son have to pay back the costs of the delivery?

[Susan]

I read in the Michigan Family Law book, 6th edition, that the primary rationale for allowing abatement of confinement expenses when the father later marries the mother is "to preserve assets of what is an intact family." The statute, however, fails to address what is in the child's best interest if the father becomes the baby's sole custodial parent. I know a father who owes confinement expenses from the birth of his two year old son. Due to a neglect/abuse case against the mother, she deserted the child when he was 17 months old and left the area. The father has full legal and physical custody and the mother now owes over $1400 in child support to him. The state of Michigan says the father owes about $2000 in confinement expenses He is laid off and cannot afford to pay this debt. Taking the money from him is damaging to the financial interest of the child's custodial household, and thereby the child himself. Is there any recourse for his situation? (It also seems like gender discrimination since the mother is exempt from her share regardless of her conduct, because she is a woman. The father, who is the sole source of support for the child, is required to pay, even though his household had Medicaid when the child was born. It seems like he is being denied Medicaid for the child because he is a man.

[Jeanne M Hannah]

Ryan, your comments pose more question that I can answer given my caseload unless you call to schedule a fee-based consultation. In fact, given your disclosures here, ("The mother is already planning on not asking for any child support, as we live together and I am currently the only working individual who supplies all financial support for the family."), I recommend a disclosure so that you can learn whether your parental rights are protected at all if you and the mother should ever split.

[Ryan Sensenbrenner]

Very interesting article, I really appreciate the information. Most of what I've read elsewhere mentions a NCP, or non-custodial parent. If both parents, who had a child out of wedlock, agree to split custody, are these fees still assessed, or is marriage the only way out of them? Also, if the NCP paid all medical bills for the portion of the pregnancy prior to medicaid coverage starting for the mother, could that be taken into account? The mother is already planning on not asking for any child support, as we live together and I am currently the only working individual who supplies all financial support for the family.

Also, the mother had a child when she was 15, but the child was given for adoption. Why weren't fees assessed to the father at that time?

Thank you!

Ryan

[Jeanne M Hannah]

Sorry, Joe. Once paid, there is no refund. Jeanne

[Joe turoldo]

I first like to say that I love this site...
next, my name is Joe and I have a 19 year old son that was born out of wed lock so I so i had to repay the medcaid expenses some time ago.
So my questions are can ask for reemberencement?thank you Joe
my email is jt1diesel@gmail.com....