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Does the ex husbands responsibilty of 50% of uninsured medical expenses, as stated in the original divorce decree, change to 0 ?

Enterprise, OR |

The divorce decree states he is responsible for 50% of all medical and dental costs not covered by the insurance. He filed a modification to the parenting time a year ago as well as a modification to the child support around the same time. The state ordered him to pay cash medical support included in his child support payment because he wasn't paying anything before and my husband pays for the insurance. In the modification documents all portions of the packet dealing with medical expenses were left blank and therefore he is refusing to pay his 50% and saying he isn't responsible any longer.

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Attorney answers 3

Posted

It depends on the language of your judgment but normally the provisions of the original judgment remain in effect unless specifically modified. Cash medical is relatively new so there has been some confusion about what it is meant to cover (insurance or uninsured costs, or both). You should have an attorney review both judgments and get specific advice.

My response(s) to the question(s) on this website do not create an attorney-client relationship. An attorney-client relationship is not created until a Fee Agreement has been signed. In addition, my suggestions are based on very limited information provided by the Asker and are given based on my experiences and general circumstances. My suggestions may not ultimately be applicable to the Asker's situation because of the limited amount of information provided. No suggestion is guaranteed to be sucessful. Case specifics should not be shared online. You should seek specific legal advice in a private setting. Shannon L. Hall, Attorney at Law (Licensed in Oregon) 245 East 4th Avenue, Eugene, OR 97401 Phone: 541-434-2411, Email: Shannon@GoodOregonLawyers.com

Posted

Probably not. What matters is not what he filled out; what matters is the language of the original judgment, and the judgment of modification. In general, provisions not expressly modified stay the same. You should have a lawyer review the file. If it's genuinely unclear, it may be necessary to modify it again in order to clarify.

Nothing posted on this site is intended to create an attorney-client relationship. Each case is unique. You are advised to have counsel at all stages of any legal proceeding, and to speak with your own lawyer in private to get advice about your specific situation. <br> <br> Jay Bodzin, Northwest Law Office, 2075 SW First Avenue, Suite 2J, Portland, OR 97201 | Telephone: 503-227-0965 | Facsimile: 503-345-0926 | Email: jay@northwestlawoffice.com | Online: www.northwestlawoffice.com

Posted

I agree with the other answers on this board. It absolutely depends on the specific wording of your modification. Generally a "modification" only modifies those portions of the underlying judgment which it specifically addresses. For instance, a modification may address the amount of child support without mentioning anything else in the previous judgment. This does not mean that all the other portions of the previous judgment are non-operative.

In your case, because he left everything related to medical expenses blank, it sounds as though it did not modify the original judgment (as to that section). However, this is *definitely* a circumstance where you should have an attorney read both the original judgment and modification carefully, in full. Without seeing these documents, I don't think that anybody on this board will be able to give you a more conclusive answer. Best of luck.

DISCLAIMER: The sending of an e-mail or answering of a question does not create an attorney client relationship. Adam Brittle will do no work and will not monitor your matter for developments until we have met with all potential clients in person and signed a written fee agreement.

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