Legal Question in Family Law in New Jersey
Medical Expenses
My husband is divorced with 3 children and it is in the court order that his ex-wife (as custodial parent) is responsible for the first $250.00 in medical expense per child per year. After the $250 is met expenses are to be split 50/50.
Here is the problem...starting at the end of 2004 the ex-wife stopped taking kids for any kind of routine medical issues (eye doctor, physicals, etc). We have taken them for all of these and paid the necessary co-payments in full along with new glasses for 2 kids.
We brought up re-imbursement once in August 2005 which was ignored. We plan on asking again when we provide the ex-wife with the information that my husband is required to submit to her annually.
Basically, the ex-wife has neglected to schedule or take the kids for required annual exams so we took care of them. But when she runs to her lawyer again will she be able to say ''I never asked you to take the kids; so I shouldn't be responsible to pay you back''? Physicals were 3 months past due and eye exam was either 18 months or 6 months past due (we couldn't get a straight answer from her about the eye exam but according the to doctor the child was 18 months past due).
2 Answers from Attorneys
Re: Medical Expenses
If you have a court order which includes a Judgment of Divorce it is enforceable. A court will do what is in the best interest of the children. However, if you bring a motion to enforce a court order, you have the burden to proof your position. I would make a request, and document why you are correct so that you have the required proof if you need to go to court.
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Re: Medical Expenses
No one can predict as to what she or her attorney will say, but you'll never know until you try. Send her a letter (certified and regular mail) with a detailed list of the medical expenses, attach copies of the bills, and do the calculation assessing the first $250 per child to her and then 50% of the balances, and give her a date to pay by. If she doesn't pay, file a motion. Good luck.
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