QUESTION
Isn't there some sort of reasonable time limit to provide my husband with the unpaid medical expenses?
Asked on Nov 22nd, 2013 on Divorce - Florida
More details to this question:
My husbands orders state that the obligee shall pay for medical expenses with reimbursement from the obligor. That's it. Just one sentence. There is nothing that says how much or what he is to reimburse or how long she has to provide him with those bills. My stepson is now 19 and a freshman in college. She wanted my husband to agree to pay him a monthly child support through 4yrs of college or she would take him to court for the un- reimbursed medical expenses. Two things I think you should know here: one, she never provided us with a single bill or statement of co-pays, unpaid portions, deductibles, or what her premiums were. Two, my husband is in the military and has provided additional insurance on him since the age of 5. There has only been one time when he was 5 or 6 that she sent a copy of a medical bill from the doctor's office which we certainly paid for. My question is, isn't there some sort of reasonable time limit to provide him with the unpaid medical expenses? Can she collect now on yrs of medical?
3 ANSWERS
Alternative Dispute Resolution Attorney serving Ventura, CA
at
Zahn Law Office
Update Your Profile
The relevant code section which governs this issue is Family Code Section 4063, which states, in relevant part: "(b) Unless there has been an assignment of rights pursuant to Section 11477 of the Welfare and Institutions Code, when either parent accrues or pays costs pursuant to an order under this section, that parent shall provide the other parent with an itemized statement of the costs within a reasonable time, but not more than 30 days after accruing the costs . These costs shall then be paid as follows: (1) If a parent has already paid all of these costs, that parent shall provide proof of payment and a request for reimbursement of his or her court-ordered share to the other parent. (2) If a parent has paid his or her court-ordered share of the costs only, that parent shall provide proof of payment to the other parent, request the other parent to pay the remainder of the costs directly to the provider, and provide the reimbursing parent with any necessary information about how to make the payment to the provider. (3) The other parent shall make the reimbursement or pay the remaining costs within the time period specified by the court, or, if no period is specified, within a reasonable time not to exceed 30 days from notification of the amount due, or according to any payment schedule set by the health care provider for either parent unless the parties agree in writing to another payment schedule or the court finds good cause for setting another payment schedule. (4) If the reimbursing parent disputes a request for payment, that parent shall pay the requested amount and thereafter may seek judicial relief under this section and Section 290. If the reimbursing parent fails to pay the other parent as required by this subdivision, the other parent may seek judicial relief under this section and Section 290."
Answered on Nov 27th, 2013 at 3:56 AM
Social Security Disability Attorney serving Melbourne, FL
at
Law Office of Robert E. McCall
Update Your Profile
Most Judges have a written policy on reimbursements. Usually the payor must submit proof to the other spouse within 30 days of the bill and the other party must pay within 15.
Answered on Nov 26th, 2013 at 6:56 AM
Commercial Contracts Attorney serving Boise, ID
at
Peters Law, PLLC
Update Your Profile
Tell her to sue and that you will point out that he could not reimburse something that was not presented.
Answered on Nov 26th, 2013 at 6:56 AM