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. Just an aside, but regardless of the outcome, I 'm proud of Judge William Hughes. He was the original magistrate on the Home place issue. He ruled for Home Place, and was primaried by Brainard for it. Their tool Poindexter failed to unseat Hughes, who won support for his honesty and courage throughout the county, and he was reelected Judge of Hamilton County's Superior Court. You can still stand for something and survive. Thanks, Judge Hughes!

  2. CCHP's real accomplishment is the 2015 law signed by Gov Pence that basically outlaws any annexation that is forced where a 65% majority of landowners in the affected area disagree. Regardless of whether HP wins or loses, the citizens of Indiana will not have another fiasco like this. The law Gov Pence signed is a direct result of this malgovernance.

  3. I gave tempparry guardship to a friend of my granddaughter in 2012. I went to prison. I had custody. My daughter went to prison to. We are out. My daughter gave me custody but can get her back. She was not order to give me custody . but now we want granddaughter back from friend. She's 14 now. What rights do we have

  4. This sure is not what most who value good governance consider the Rule of Law to entail: "In a letter dated March 2, which Brizzi forwarded to IBJ, the commission dismissed the grievance “on grounds that there is not reasonable cause to believe that you are guilty of misconduct.”" Yet two month later reasonable cause does exist? (Or is the commission forging ahead, the need for reasonable belief be damned? -- A seeming violation of the Rules of Profession Ethics on the part of the commission) Could the rule of law theory cause one to believe that an explanation is in order? Could it be that Hoosier attorneys live under Imperial Law (which is also a t-word that rhymes with infamy) in which the Platonic guardians can do no wrong and never owe the plebeian class any explanation for their powerful actions. (Might makes it right?) Could this be a case of politics directing the commission, as celebrated IU Mauer Professor (the late) Patrick Baude warned was happening 20 years ago in his controversial (whisteblowing) ethics lecture on a quite similar topic: http://www.repository.law.indiana.edu/cgi/viewcontent.cgi?article=1498&context=ilj

  5. I have a case presently pending cert review before the SCOTUS that reveals just how Indiana regulates the bar. I have been denied licensure for life for holding the wrong views and questioning the grand inquisitors as to their duties as to state and federal constitutional due process. True story: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS Shorter, Amici brief serving to frame issue as misuse of govt licensure: https://www.scribd.com/doc/312841269/Thomas-More-Society-Amicus-Brown-v-Ind-Bd-of-Law-Examiners

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