Legal Question in Family Law in Massachusetts

medical & out of state

I live in MA, we have not signed any agreement as yet, I pay the medical and it has been discussed that all unpaid medical will be divided between us both. Recently I submitted a bill for my daughters glasses to her mother and she told me she was not going to pay it because she has bills that she has paid and did me the favor of never asking me for the money. Is there a time limit on when she can ask me to pay half as now she is telling me that I owe her? Also, we have joint legal custody and she is allowing a family member to take my daughter out of state without my permission, is this allowed?


Asked on 5/17/07, 11:20 am

1 Answer from Attorneys
Gregory Lee Gregory P. Lee, Attorney at Law

Re: medical & out of state

It appears that you are at the temporary orders stage in this matter, based on your question. If not, you need to file a divorce action.

The child can be temporarily taken out of state for vacation if it does not interfere with education, but not without the assent of you both. THe simple question is, is a short trip worth fighting over?

If it is an attempted permanent removal, it is of course contrary to law, especially if there is a temporary order discussion custody.

As to medical bills: if there is no court order, and the payments made by each of you are roughly equivalent (or she has paid more) she is not being unfair or inequitable. If there is an order, and it does not specify a time period to claim the unpaid medicals, she certainly -can- hold what she has already paid over you. If the glasses far exceed any co-pays she has paid, she should pay an equitable portion.

If you have an attorney, consult him or her. It is cheaper in the long run than relying on "if this then that" on this board. If you do not have an attorney, it may be time to get one.

Greg Lee

[email protected]

www.gregleelaw.com

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Answered on 5/17/07, 12:07 pm


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