Legal Question in Family Law in Texas
In our dvorce decree I am responsible for medical insurance for our child and 50% of the medical bills. We have been divorced for 15 years now and not once have a received a medical bill that I need to pay. All of the sudden i am sent a packet of bills that she wants reimbursement on for the past 3 years. Can she do this after this much time has gone by? I'm happy to pay as the bills come in but to reimburse her for 3 years worth at once is just not possible.
2 Answers from Attorneys
Hi. Your divorce decree should address this matter. Generally, the party who incurs the expense has to provide the forms, receipts, bills, statements, and explanations of benefits reflecting the uninsured portion of the health care expenses to the other party within a certain amount of time after he or she receives them (usually 30 days, but check your divorce decree as it may have a different time period and different responsibilities) in order to invoke the other party's duty to pay/reimburse their share of the expense.
You do no have a duty to pay/reimburse any of the health care expenses that fall outside the deadline that is provided in your divorce decree. Note: To the extent you have been provided with any expenses that are timely, then you must pay/reimburse those expenses within the time period that is provided for the non-incurring party (usually 30 days, but again, you need to check your divorce decree as it may have different deadlines).
I hate to tell you how many people hire attorneys and pay us big money to fight this issue in court.
So I'll save you a lot of money...you will lose this fight in court.
Take a deep breath and use your common sense & do the right thing.
This is money that was spent on your kids -- your ex did not get rich taking your kids to the doctor!
However, it is reasonable to make sure that the doctors were all paid for these medical treatments. If you suspect that these medical bills are bogus, then you can pay the doctors direct or contact the doctors and ask for proof of payment.
Yes, I've seen people try some strange things over the years -- boys taken to a gyno! So be sure to read the bills carefully.
Even though she was wrong, that does not mean that you get to be wrong back!
Two wrongs don't make a right!
(I've been waiting to use that line for years!! LOL)
Since she let them build up, you should make a reasonable payment plan in writing and begin making monthly payments. I would definately create a payment plan that you can fulfill. Make copies of all your checks & make sure that she cashs your checks!
PAPERWORK IS A MAN'S BEST FRIEND! Keep copies of everything until your youngest child is 22 years old!
I hope this helps.
Good luck!
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