Legal Question in Family Law in Michigan
Child support/medical expenses
My divorce decree states that I must receive all medical bills/receipts within 10 days for 50%reimbursement. My divorce is in Texas, but I now live in Michigan. Just before Christmas, my ex-wife (in Texas)sent me a packette with 10 years of medical bills/receipts, that I have never laid eyes on before, demanding payment in 30-45 days. Michigan will only go back 12 months, for which she was awarded in a referee hearing. She was only present via telephone, even though the hearing papers said we must both be present. She now claims she is taking me to small claim/district court for the remaining $10,000 plus in medical bills she claims I owe. Can she do this, when I've never even seen these bills before, and is there any recourse on my part. My daughter indicated that the main reason for this is because she needs college money, as she is graduating this year. Which is beside the point.... I am remarried and we have 3 children (2 together, under the age of 2) I can't afford this injustice to take away from my current family....what is my recourse? PLEASE HELP!!!! Frustrated in Michigan!
2 Answers from Attorneys
Re: Child support/medical expenses
If your divorce is in Texas, you must consult with a Texas attorney. Michigan lawyers can't help you.
Re: Child support/medical expenses
First: breathe!
Next, consult a local attorney, because it is entirely likely that the small claims action is invalid. The debt is covered by a court order, and small claims is not able to undo what a court has already ruled on the matter.
Challenging the presence issue is a loser,--the court already accepted her long distance appearance. having her there probably wouldn't have added anything.
You can stand on the divorce decree and argue that at some point it is completely unreasonable for her to sit on that much in bills. On the other hand, it is strange you didn't know about them, b/c that high of a medical bill says something serious happened with your child. Maybe that's why the court did what it did on the 12-month thing.
AND, if she had bills that should have been brought up before, you can argue that it's too late. She should have brought them up before.
At any rate, you can certainly attempt to challenge the second court action, so don't let it sit.
Finally, if the real reason is that she's trying to force you to pay for college, then why not address that in mediation?
I'm getting famous for saying "mediate it," but in this case, it really makes sense: the reason for the flurry of court activity has little to do with the underlying issue.
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