QUESTION
What can I do if my husband is suing for payment of medical bills since we were legally separated?
Asked on Jan 16th, 2013 on Divorce - Florida
More details to this question:
I was a stay at home mom. My husband is suing for payment of medical bills since we were legally separated. The judge ordered it in the facts and findings. But I am going to appeal this and much of his rulings which includes no alimony. His attorney states that "Despite this, I have to pay, it will not wait for decision of appeal". Is she right? Thank you.
5 ANSWERS
Bankruptcy Attorney serving Madison, WI
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Richard B. Jacobson & Associates, LLC
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Generally an appeal does not itelf stay the effect of an order or judgment. To accomplish that, you need to file a motion with the trial court. If that court does not grant the stay, you can go to the appeals court for a stay. Appeals are hard to win. A lawyer can improve your chances.
Answered on Jan 21st, 2013 at 2:02 PM
Unless the appeal includes a stay of execution, which means that you need not comply with the order until the matter is completely adjudicated, then the judgment is enforceable while the appeal is pending.
Answered on Jan 18th, 2013 at 6:48 PM
To answer the question simply, if you were ordered by a court to pay certain expenses, the order is not "stayed" (on hold) pending the outcome of appeal unless you request this relief from the court and post a bond to ensure that you will pay if the court finds in his favor.
Answered on Jan 18th, 2013 at 6:48 PM
Divorce/Family Law Attorney serving Carlsbad, CA
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Anne B. Howard, A Professional Law Corporation
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Yes, she's right. If the bills after after separation, the bills belong to the person incurring them. You have a court order to follow, follow it or you'll be in contempt.
Answered on Jan 18th, 2013 at 6:46 PM
Criminal Defense Attorney serving Deltona, FL
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R. Jason de Groot, P.A.
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Any attorney would need to know a lot more facts than are given in order to try to answer this question. We always need to see the legal documents in order to advise about them.
Answered on Jan 18th, 2013 at 6:44 PM