Legal Question in Family Law in New York
In December of 2008 my fiance went to court because his ex had filed a violation of a court order in family court against him saying that he was not paying his percentage of medical/dental bills for his children. However, at NO time did she ever provide him with any medical bills of any kind, other than bringing them to court. She brought a stack of bills that day and the judge awarded her nearly $900. which was his percentage of the stack. The court order dated December 4, 2008 then stated that she was to provide him with any medical/dental bills in a timely matter. It it now over a year later and in that time she has again provided NO medical or dental bills. I am afraid that she will again file a violation and bring a years worth of bills to court again. My question is: Can he file a violation of the court order which says that she is supposed to provide bills in a timely matter, because she has provided him with none? And also, can he ask that the court make her responsible for any and all bills that she has not provided in the past year, from the date of the order, through the date of the violation petition, and also then make her to send the bills by certified mail in a "specified" timely manner?
2 Answers from Attorneys
It may be less expensive for your fiancee to cover his child under his medical plan or purchase insurance to cover the child pursuant to the order of child support likely requires payment of medical expenses.
If you have the prior medical bills, then you know the doctors your ex is using. I would contact the doctors directly to find out if there is any money owed. If yes, pay the money directly to the doctor and get a receipt. You would then be able to sue the ex for her percentage of the unpaid doctor bill.
Mike.
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