Legal Question in Family Law in Virginia

Re: Medical and Child Support

I do not know the answer to your question. But here is an outline of the issues: (1)Forum may be VA or FL depending on the agreement or court order. (2)Laches & statute of limitations. Again, depends on the state law used. These issues can be tricky, and I recommend you retain counsel. In addition, $12k is enough exposure to make it worth having some professional legal assistance.

Re: Medical and Child Support

She has done that! The question is can she initiate an action to force repayment of those expenses. If the contract was incorporated in a court order, such as the final decree of divorce, ex-wife has an action at law on the contract and a rule to show cause/contempt of court action in equity, because husband is arguably in violation of the court order. But for an action at law, the statute of limitations (in Virginia) is five years, so she might only be able to collect for the most recent five years of medical expenses. In an equity action, husband may have a similar defense, latches, which says she has sat on her rights too long to enforce them. If the contract was signed in Florida, which sounds likely since she and the child have lived in Florida for longer than husband's accruing medical expense liability, the contract could be brought in Florida or in Virginia, and Florida may have a different statute of limitations. If the action is in equity, it would probably have to be initiated in Florida, though it could possibly be done through the uniform act for enforcement of child support; alternatively, the Florida decree could be brought to Virginia and made an order of the Virginia court, allowing the process to go forward in Virginia.