ILNews

Unwed father must reimburse Medicaid

Jennifer Nelson
January 1, 2007
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An order for an unwed father to pay back Medicaid at least 50 percent of birthing expenses for the mother and baby does not violate the father's rights under the U.S. Constitution, the Indiana Court of Appeals ruled.

In In the Matter of the Paternity of A.R.S.A.; Alberto S. Meneses v. Rudit A. Legunes, 79A04-0706-JV-323, Meneses appealed the trial court order that he has to pay Medicaid 50 percent of the birthing expenses incurred during the birth of his son. Meneses is not married to the mother, Legunes, but does live with her.

Meneses argues that Indiana Code 31-14-17-1 only pertains to the reimbursement of the mother's medical expenses, not the expenses of the infant. He also argues his rights are being violated under the Equal Protection Clause and Due Process Clause of the 14th Amendment, contending that married fathers are not required to reimburse expenses to Medicaid and the court never allowed him an opportunity to show if he could pay the amount ordered in the judgment.

Meneses signed a paternity affidavit declaring himself to be the biological father of A.R.S.A., and the trial court later entered an order establishing his paternity. In a separate judgment, the trial court ordered Meneses to pay 50 percent of the baby's birthing expenses totaling nearly $3,300. Meneses filed a motion to correct error regarding the Medicaid birthing expenses; the trial court denied the motion.

Indiana Code 31-14-17-1 states the court "shall order the father to pay at least fifty percent (50%) of the reasonable and necessary expenses of the mother's pregnancy and childbirth, including the cost of:" prenatal care, delivery, hospitalization, and postnatal care. Judge Patricia Riley wrote the baby's medical expenses were incurred because of and immediately following his birth, and the plain language of the statute orders the father to pay 50 percent of expenses of mother's pregnancy and childbirth.

"Any expenses relating to childbirth logically include expenses incurred by the infant during and immediately following birth," Judge Riley wrote.

Meneses also argues the Indiana statute violates the Equal Protection Clause because only unwed fathers can be ordered to pay the expenses and no similar obligation exists for married fathers.

Judge Riley wrote a state's interest in requiring men to provide for children born out-of-wedlock and reimburse medical expenses is a "legitimate goal" because it requires a man to accept financial responsibility similar to what married men do voluntarily.

His rights were not violated because the court did not hold a hearing to determine how much money he would be able to afford to reimburse Medicaid. The federal and state Medicaid statutes for reimbursement don't impose any obligation on the trial court to conduct an inquiry into the father's ability to pay and instead impose a certain financial responsibility upon the father, she wrote.
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  1. Ah yes... Echoes of 1963 as a ghostly George Wallace makes his stand at the Schoolhouse door. We now know about the stand of personal belief over service to all constituents at the Carter County Clerk door. The results are the same, bigotry unable to follow the directions of the courts and the courts win. Interesting to watch the personal belief take a back seat rather than resign from a perception of local power to make the statement.

  2. An oath of office, does it override the conscience? That is the defense of overall soldier who violates higher laws, isnt it? "I was just following orders" and "I swore an oath of loyalty to der Fuhrer" etc. So this is an interesting case of swearing a false oath and then knowing that it was wrong and doing the right thing. Maybe they should chop her head off too like the "king's good servant-- but God's first" like St Thomas More. ...... We wont hold our breath waiting for the aclu or other "civil liberterians" to come to her defense since they are all arrayed on the gay side, to a man or should I say to a man and womyn?

  3. Perhaps we should also convene a panel of independent anthropological experts to study the issues surrounding this little-known branch of human sacrifice?

  4. I'm going to court the beginning of Oct. 2015 to establish visitation and request my daughters visits while she is in jail. I raised my grandchild for the first two and half years. She was born out of wedlock and the father and his adopted mother wantwd her aborted, they went as far as sueing my daughter for abortion money back 5mo. After my grandchild was born. Now because of depression and drug abuse my daughter lost custody 2 and a half years ago. Everyting went wrong in court when i went for custody my lawyer was thrown out and a replacment could only stay 45 min. The judge would not allow a postponement. So the father won. Now he is aleinating me and my daughter. No matter the amount of time spent getting help for my daughter and her doing better he runs her in the ground to the point of suicide because he wants her to be in a relationship with him. It is a sick game of using my grandchild as a pawn to make my daughter suffer for not wanting to be with him. I became the intervener in the case when my daughter first got into trouble. Because of this they gave me her visitation. Im hoping to get it again there is questions of abuse on his part and I want to make sure my grandchild is doing alright. I really dont understand how the parents have rights to walk in and do whatever they want when the refuse to stand up and raise the child at first . Why should it take two and a half years to decide you want to raise your child.The father used me so he could finish college get a job and stop paying support by getting custody. Support he was paying my daughter that I never saw.

  5. Pence said when he ordered the investigation that Indiana residents should be troubled by the allegations after the video went viral. Planned Parenthood has asked the government s top health scientists at the National Institutes of Health to convene a panel of independent experts to study the issues surrounding the little-known branch of medicine.

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