Legal Question in Family Law in California
I'm sorry this is a repeat, I'm adding more info. I had an order that was very vague about medical bills, just that they were to be split 50/50. There was no language regarding time frames for sending the bills or for payment. My ex filed contempt charges against me for non-payment (she held onto the bills until they were over $1500 and then wanted immediate payment). The judge modified the order to include the language that she had 10 days to send me the receipt/bill/EOB and I had 30 days to pay it after my "determination of amount due". My ex continues to hold onto the bills and sends me spreadsheets every 6 months -2 years with amounts and a few doctors bills. I've only received a few receipts over the years and only a handful of any of this was within 10 days. The average time span between her receiving documentation and her sending it to me is over 600 days! Her spreadsheets change from one to the other and the documentation doesn't match. So I can't really determine what she really owed. Plus when I do make a payment for stuff sent in time, she doesn't show that payment on any of her records so she is double billing me. Now she is taking me back to court for these bills. There is no language that says what happens if she doesn't send them within 10 days, or if I don't pay them within 30. Just that the whole order is enforceable by contempt. My question, is that section of the order enforceable if she is in violation of the order that was put in place because of these actions in the past?
Also, she only filed a Request for Order, not any kind of enforcement or contempt order. Is that what she should've filed for this? Her lawyer is a family friend who doesn't do family law. And my lawyer is my father-in-law who doesn't do family law!
1 Answer from Attorneys
You really need to go back to court and get this order tightened so if your ex fails to get you precise current bills by a certain provable due date, you won't have an obligation to reimburse her.