Legal Question in Family Law in New York
Sueing for payments at a later date.
My ex started a business & says ''if we went back to court, I wouldn't get nearly what I get now.'' He has been paying me 17% as mandated since '01. He was a business man & changed jobs when we split. He says he is broke, but has paid all payments. I need to pay a medical prem. for my son & told my ex. His lawyer sent me a letter ''He is not in the position to do that at this time. The agreement contains no provision obligating him to make insurance payments & even more important, he has no more money available. He is already paying well over the 17% guideline, thus has no additional funds'' My divorce papers say; ''IDA is providing health insurance for IMA at the present time. IDA & IRA agree that he will be responsible for paying IDA for 50% of any expenses in excess of $100. IRA agrees that he shall reimburse IDA for his share of any out-of-pocket medical expenses.'' My ex is now a contractor, I am afraid to push the above issue, in fear he may not be reporting his correct salary. I don't want to take a risk at having my support payments lowered. Is it possible to continue to send him bills over the years & sue him for the past due amount when child support payments will have ended, due to my sons age or circumstances? Thanks!!
2 Answers from Attorneys
Re: Sueing for payments at a later date.
It appears that the only "bills" your Ex would be required to pay would be 50% of medical bills uncovered by the health insurance existing at the the time of the Stipulation or Court Order.
And, the insurance coverage is your obligation, to maintain, which presumptively means that that payment of the premiums are yours as well, whether by direct payment or via your employment.
Good luck,
Phroska L. McAlister,ESQ
Re: Sueing for payments at a later date.
You can sue as long as you do so within the statutory period, but the longer you wait, the likelihood of success diminishes.
Should you like to discuss this or any other legal matter, you can e-mail me for more information about low cost face-to-face, on-line, or a telephone consultation with a lawyer in our office.
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