Legal Question in Family Law in Texas
Child support/Medical expenses
My son is 18 but still in high school until May 2013. My ex lives in Illinois and is remarried now. I am active duty military and am stationed in California, but my home of record is TX.
Recently, my ex hit me up for not paying for my sons medical expenses. I guess she knocked the dust off of our custody papers and they read...the obligee shall provide health, mental, and dental insurance for the minor child with reimbursement from the Obligor (me). I carry insurance on my son and have since he was born and she has always carried insurance on him. A few times when she was between jobs she has utilized the insurance I carry on him but mainly has chosen to continue to use hers. I'm not sure I understand why she does this since mine is provided as a benefit for my service and would not cost either of us a dime, but she always seems to use hers instead. In any case, for all these yrs we have both carried insurance and I thought we were to split the difference of what was not covered. She was under the same understanding until about 6mos ago after reading our papers. Now she is threatening me with legal action for all the past medical expenses, premiums, co-pays, etc. (at least $20,000 she guestimates) if I don't agree to continue to pay child support to my son through his 4yrs of college.
My question is: Is it likely that I would have to pay for all the past medical? She has never provided me with bills or asked for reimbursement of any kind all these yrs until recently. I am currently paying all co-pays for his recent dr. visits since she made me aware of this, but not any of her premiums since she has not provided me with any of that info. I am curious though, what portion of the premiums would I be responsible for if she is on a family plan with her new husband and other child. Also, I was just wondering if it would be wise to go ahead and try to pay off the remaining child support to her and just deal directly with my son on financial matter from now on?
Thanks for your help.
1 Answer from Attorneys
You'll want to read your order carefully.
Was there a TIME LIMIT for her to provide you with copies of the unpaid expenses? Usually it's ten days.
Don't let her bully you. When your son finishes high school, he's an adult, and you no longer have a legal duty to support him (or to send money to Mom).
If you have proof that YOU provided insurance all those years, you do NOT have to reimburse her for premiums that she paid for some other policy. I assume that you provided her with cards which made it possible to use your insurance.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
