Legal Question in Family Law in California
Is there any case law supporting enforcement of 5 years worth of unreimbursed medical expenses. My ex husband is supposed to pay for these. I stopped sending him the bills when he stopped paying. I was recently told that I should have been sending him the bills within a month of receiving them. Now I am told that because I did not that the court will not make my ex husband pay these. I do have the bills and did provide them to his lawyer. I have court tomorrow and am wondering if there was someone else who won in this situation. It is approximately $19,000 worth of bills for our daughter. I am Pro Per. Thanks.
1 Answer from Attorneys
Under CA law you are required to make monthly accountings of the out of pocket medical expenses and then submit them to your husband for payment. If he fails to do that you are required to take him to court to have the court order enforced. If you wait many years, such as 5 years, then you may not be able to get him to pay for the bill, because you waited so long. It is up to the court's discretion. I have not came upon any case law which supports the proposition that you can wake many years before asking for a out of pocket medical reimbursement.
For self represented individuals you can consult with the family law facilitator self help center at your local court house.
As always please consult a local attorney prior to taking legal action. Good luck. Also please check out my Santa Clara County Family Lawyer blog.
Law Offices James Chau
1625 The Alameda Suite 204
San Jose, CA. 95126
http://www.jameschaulaw.com/
http://sanjosefamilylawyer.blogspot.com/
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