Are Past Unreimbursed Healthcare Expenses Child Custody Reimbursable Based On New Law?

Asked 9 months ago - San Jose, CA

My attorney forgot to request a division of unreimbursed healthcare expenses. I heard that there is a new law that was passed recently where I can request for past unreimbursed healthcare expenses. Is there a California section code that I can refer to on this subject? How far back will this new law cover? Will it go back to the original filing date if several years in the past?

Attorney answers (3)

  1. Stephen Ross Cohen

    Contributor Level 20

    2

    Lawyers agree

    Answered . Ask your attorney and suggest that he should do the work to get you that, because he screwed up.

    My name is Stephen R. Cohen and have practiced since 1974. I practice in Los Angeles and Orange County, CA.... more
  2. Robert Andrew Michael Burns

    Contributor Level 17

    1

    Lawyer agrees

    Answered . Seems like a nonexistent, ex post facto law. The Court should retain jurisdiction to divide that which was forgotten if the Court had jurisdiction over them in the first place.

  3. John Henry Perrott

    Contributor Level 12

    Answered . The Legislature is always passing new laws, and I won't even allege that I know all of them. Nevertheless, I am inclined to agree with attorney Burns that the law you describe, spinging forth liability where it did not exist before, may not exist, and certainly has the feel of an ex post fact law. The existing law does have a procedure to recover un - reimbursed health care costs when there is already a support order in effect, and your current attorney should be able to make that request of the Court.

    As stated above -- I have NOT actually stated any legal opinion, because I need to know more before I can start to... more

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