Legal Question in Family Law in Florida
court order based on fraud upheld by appellate court
4 years ago, my ex-wife took me to family court. Amongst other things, She had 2 years worth of medical bills for our children which totalled $5800. Most of these bills were paid in full by my insurance. In our divorce decree, she is to pay the first $1200 of the uninsured medical, then the remainder of the uninsured medical is to be equally divided 50%/50%. At the hearing she submitted the bills and the court ordered me to pay 100% of the $5800. My attorney appealled the ruling, and the Appellate Court upheld it. I have not paid the $5800 because it is all fraud. Besides the medical, there are also other issues of fraud in the order, I'm just using the medical as an example. The Order says I am to pay her $20,000 total and most all of it is fraud. She is going to be taking me back to court now for the money and I don't have it. I have not had any money for attorney fees to fight it until now, but now I'm being told that it is too late to do anything about it. If they file a Rule to Show Cause as to why I have not paid the Order, can I bring up why, which is because these bills were already paid by my insurance. Any suggestions?
1 Answer from Attorneys
Re: court order based on fraud upheld by appellate court
First and foremost you need an attorney for these issues. Next, the failure to pay will not likely be excused by the court due to fraud. If you had posted a bond or moved for a stay of the payment, that might have been possible. But as it stands now, the fraud will not releive you of payment per the court's order. Also, I am most concerned about the failure to abide by the terms of the courts order.
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