Legal Question in Family Law in California

re-imburse med. bills no receipts

My ex wife has just informed me that she wants to be re-imbursed for half of the childrens medical, and insurance costs she has paid since February. I asked her to send statements and I will pay half, also I offered to pay the insurance payments from here forward. She wants to be re-imbursed in a lump sum, she cannot provide receipts and threatens to take me to court if it's not paid immediately, this is a difficulty as I am partially disabled, do I have a right to a more timely request? I don't mind paying, but this was sudden and unexpected.


Asked on 10/24/02, 11:11 am

4 Answers from Attorneys

PATRICK MCCRARY PATRICK MCCRARY

Re: re-imburse med. bills no receipts

Unless there is a court order you would not be required to pay the health insurance premiums. That may also be true of the medical bills, however, that lies in the court's descretion. She must produce proof that she has made the payments and then technically you have 30 days to make reimbursement. However, a judge could set payments. It would be improper for her to file a motion for reimbursement without first providing you with proof of her payment. Good Luck, Pat McCrary

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Answered on 10/24/02, 11:27 am
Chris Johnson Christopher B. Johnson, Attorney at Law

Re: re-imburse med. bills no receipts

Call her bluff--how can you pay for things without proof? Perhaps even canceled checks or credit card bills showing payments to a pediatrician?

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Answered on 10/24/02, 1:58 pm
Brian Levy, Esq. Law Office of Brian Don Levy

Reply: re-imburse med. bills no receipts

Basically, the answer lies in your underlying Judgment. Wihtout reading your underlying Judgment, it is impossible to give you good legal advice relative thereto. In a general sense, and subject to revision after reviewing your particular court orders, it is not unrealistic to require proof of payment prior to reimbursing for your half of those expenses. Under California law, both parents are required to pay one half of the childrens' medical expenses that are not reimbursed by insurance. Normally one parent does not reimburse the other for half of the cost of medical insurance. Also if she does take you to court you can ask the court to establish a payment plan given your fiscal circumstances.

Good luck to you!

Brian Levy, Esq.

Law Offices of Brian Don Levy

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Answered on 10/24/02, 2:17 pm
E. Daniel Bors Jr. Attorney & Counselor At Law

Re: re-imburse med. bills no receipts

Dear Inquirer:

Nothing herein shall create an attorney-client relationship, unless a written retainer agreement is executed by the attorney and client. This communication contains general information only. Nothing herein shall constitute an attorney-client communication nor legal advice. There likely are deadlines and time-limits associated with your case; you should contact an attorney of your choice for legal advice specific to your personal situation, at once.

If you haven't already done so, please visit my

web site at --

http://home.pacbell.net/edbjr/ OR

http://www.CaliforniaDivorceAttorney.com

The site contains quite a bit of general information about California Family Law, Tenants' Rights, and Juvenile Dependencies, as well as information about me (education, experience, et cetera) and my office (location, hours, fees, policies).

NOW, IN RESPONSE TO YOUR INQUIRY --

The facts that you have provided are not clear

enough and/or complete enough to provide a

definitive answer to you inquiry. However, I would say read your judgment and see what, if anything, it says about unreimbursed medical expenses.

Thanks for sharing your interesting inquiry with us on LawGuru, and good luck with your case.

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Answered on 10/24/02, 6:50 pm


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