Legal Question in Family Law in New Jersey
Medication reimbursement as per decree and time limit?
When I got divorced three years ago, the decree stated that ''any uncovered and non-reimbursed expenses, including orthodontic expenses in excess of $250.00 per child per year shall be divided, so that the defendant [me] pays 60% and the plaintiff [ex-wife] pays 40%. The plaintiff shall pay the first $250.00 of any uncovered or unreimbursed health expense per year per child.'' Up until recently, I had yet to receive any bills from my ex, nor has there been any communication with regards to making payments. To top it off, on a couple of occasions where I picked up meds for my kids, my ex offered to reimburse ME, but I declined the offer.
Because we have been in the midst of a child custody fight for over a year now (which went to a mediation session two months ago which did not go 100% in her favor), she apparently decided to put all of the documentation together and have it sent to the attorneys for request of payment... after all these years. Is there a legal precedent regarding a time limit for requesting said reimbursement (like what insurance companies do for claims)?
2 Answers from Attorneys
Re: Medication reimbursement as per decree and time limit?
"Laches" is the principle that one who sits on his rights too long loses them if others are unfairly prejudiced by the delay in seeking to enforce such rights. You might call me at 800 273 7933.
Re: Medication reimbursement as per decree and time limit?
There is no specific rule on this issue. It is fact specific. You will have arguments that you have never been notified of any of these charges. However, if your ex-wife paid these expenses the Court would likely require you to contribute your percentage. If you would like to further discuss this matter, please feel free to contact my secretary, Debbie, at 856-795-6700 to schedule a consultation.
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