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Q: Will the state of go after him for medical bills? ( Answered 4 out of 5 stars,   0 Comments )
Question  
Subject: Will the state of go after him for medical bills?
Category: Family and Home > Families
Asked by: spindizy-ga
List Price: $15.00
Posted: 14 Jan 2003 21:54 PST
Expires: 13 Feb 2003 21:54 PST
Question ID: 142878
I have a friend who's fiance is pregnant and planning to have his
baby.  He admits to it being his, but they are not married, and have
no plans to get married soon, but they are engaged.  I have heard that
the state of Kansas (where he resides) will go after the Unwed father
for medical expenses in the birth of his child (ER visit, medication,
Doctor expenses, etc.)  Is this true?
Answer  
Subject: Re: Will the state of go after him for medical bills?
Answered By: juggler-ga on 14 Jan 2003 22:27 PST
Rated:4 out of 5 stars
 
Hello.

Yes, it's true. The State of Kansas' Child Support Enforcement (CSE)
agency does recover state-paid birth expenses from fathers.

From a CSE press release:
"Not only does CSE often recover the costs of state-paid birth
expenses and public assistance, but children benefit from having their
parentage clearly established."
http://www.srskansas.org/SRSPress/1999/081099.htm

More information about the CSE including contact information:
"CSE/Legal division handles establishments of paternity, child support
obligations, childbirth expenses, 718b (payback to Kansas of TAF
cash), medical support obligations, and income withholding orders. CSE
also has a fiduciary responsibility in tracking debts, balances,
certifying debts to be offset, and assuring that contractors are
taking action when necessary."
SRSKansas.org
http://www.srskansas.org/op/servicesoffered.htm#Child%20Support%20Enforcement

The "718b" mentioned in the previous paragraph is the KSA 39-718b, the
relevant state law on this matter. Here's the statute:

39-718b.   Liability of parent or guardian for assistance provided
child, exceptions. (a) Except as provided in subsection (b), a child's
parent, parents or guardian shall be liable to repay to the secretary
of social and rehabilitation services any assistance expended on the
child's behalf, regardless of the specific program under which the
assistance is or has been provided. When more than one person is
legally obligated to support the child, liability to the secretary
shall be joint and several. The secretary shall have the power and
authority to file a civil action in the name of the secretary for
repayment of the assistance, regardless of the existence of any other
action involving the support of the child.
http://www.kslegislature.org/cgi-bin/statutes/index.cgi

This provision applies to childbirth expenses. The matter is discussed
briefly in the court case of SRS v. Cunningham (1997):
"SRS also sought judgment against Cunningham for the AFDC payments and
for the birth and medical expenses incurred by SRS..."
Source: KScourts.org
http://www.kscourts.org/kscases/ctapp/1997/19971126/77406.htm

search strategy: "birth expenses", costs, kansas, recover, "child
support"

I hope this helps.

Clarification of Answer by juggler-ga on 15 Jan 2003 15:39 PST
Thanks for the tip.
-juggler
spindizy-ga rated this answer:4 out of 5 stars and gave an additional tip of: $4.50
The answer was exactly what I wanted, Thank you.

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