QUESTION

Do I have any recourse to get the money back I paid over the years for our girls medical expenses?

Asked on Nov 29th, 2013 on Divorce - California
More details to this question:
My ex husband refuses to pay 1/2 of all not-reimbursed medical expenses for our two daughters. They are now 18 and 21. Over their lifetime he has paid for tricare medical insurance and claims that covers his portion of the 50% medical costs. I too have medical insurance blue cross blue shield but I have paid all out of pocket expenses, co-pays, deductibles and prescriptions. He insists he has no obligation to pay anything past coverage. I have been battling him for medical reimbursement since the first claim. Out of pocket for 21 years was over 7,500.00 for two girls. After contacting his commanding officer in Fort Bragg, South Carolina he was ordered to help and he paid 6x $600.00 total. Then stopped. He claims I misused the insurance coverage. Now he claims he will file bankruptcy if I pursue the issue and stop their stipend child support amount while attending college. He is in the military and it has been a nightmare dealing with him for all these years. All paperwork is notarized with both our signatures agreeing on his paying 1/2 the cost. Original divorce decree States he would pay 74%. I had it amended to help him so it states we equally pay 50%. This is still unacceptable for him.
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6 ANSWERS

Business Law Attorney serving Bingham Farms, MI at James T. Weiner, P.C.
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Yes you have rights but by sitting on them for so many years you may have waived them. Contact a family law attorney experienced in military family law issues immediately
Answered on Dec 04th, 2013 at 11:08 PM

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Personal Injury Attorney serving Bloomfield, CT at Baram, Tapper & Gans, LLC
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Yes. The recourse is a motion for contempt. If the court order is that your husband pay one-half of the extra expenses, then he must (he does not have to pay 74% because it sounds as if that order were modified). As for the bankruptcy, domestic orders such as these are not dischargeable in bankruptcy. He can file bankruptcy but this debt remains.
Answered on Dec 04th, 2013 at 11:07 PM

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Domestic Relations Attorney serving Omaha, NE at Diane L. Berger
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If there is a Court order requiring him to contribute your recourse would be a contempt or show cause action. The difficult part for you would be your obligation to show that you requested his court ordered contribution and he declined to provide same.
Answered on Dec 04th, 2013 at 11:07 PM

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Dispute Resolution Attorney serving Seattle, WA at Law Offices of Helene Ellenbogen P.S.
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What is acceptable or not to him is irrelevant. Whatever is in the child support order is what counts. If the order says he has to pay a percentage of uncovered medical and you sent him the bills for it all along, then he owes it. If the court order says he has to pay post secondary support, then he has to pay it. The military is very good about upholding all court orders with regard to child support.
Answered on Dec 02nd, 2013 at 6:58 PM

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Bruce Provda
You should consult an attorney about this situation.
Answered on Dec 02nd, 2013 at 6:04 PM

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Get an attorney to file contempt charges against him.
Answered on Dec 02nd, 2013 at 6:00 PM

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