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Is my ex extorting me

Fresno, CA |

my ex threatened me with more child support because i didnt give her money for medical bills she says i owe ( on he original court order we shared costs but not on the revised one) also she hasnt shown me copies of anything so i dont even know what i would have to this legal or extortion?

Attorney Answers 5

  1. When you're referring to the revised order, has it been signed by a judge and filed? If yes, then my suggestion would be to abide by its terms. The most recent order filed is the one you ought to abide by.

    What does the order say in regards to this issue?

    You haven't stated any facts which would suggest extortion It's not unreasonable to ask that your ex show you the medical bills before you pay for part of them, if ghat is your legal responsibility per the court order.

  2. Check the language of the second order. It may have changed the amount of your monthly payment and left the other aspects of your original order, including the requirement that you pay half of the unreimbursed medical expenses, still in force. California law requires that unreimbursed medical expenses are equally shared by both parents, unless the court orders a different sharing percentage.

    In any case, mom has to provide you with copies of all medical bills that she is asking that you pay. If she is asking to be reimbursed, then she needs to show you documentation that she actually has paid the medical bill. Generally, you may be better off if you pay your half of the expense directly to the medical services provider.

    If you found this response helpful, please let me know by clicking the "Mark as Helpful" button at the bottom of this response. Thank you. Mr. Richardson practices in San Mateo and Santa Clara Counties, and concentrates in non-adversarial dispute resolution as a mediator and collaborative lawyer. The California State Bar Board of Legal Specialization certifies Mr. Richardson as a specialist in California Family Law. He offers no comments or advice with respect to the laws of any state or jurisdiction other than California. The above answer is a general explanation of legal rights and procedures. Mr. Richardson is not your lawyer unless and until you and he have personally met together. This post does not constitute legal advice, and no lawyer client relationship results.

  3. Demanding is one thing; extortion another. Insisting on your rights in a court document is demanding. Insisting on receiving money in exchange for not filing a police or administrative complaint is extortion.

    The above is general legal and business analysis. It is not "legal advise" but analysis, and different lawyers may analyse this matter differently, especially if there are additional facts not reflected in the question. I am not your attorney until retained by a written retainer agreement signed by both of us. I am only licensed in California. See also terms and conditions item 9, incorporated as if it was reprinted here.

  4. If it says you don't have to pay, you probably don't. Additionally, there are requirements to notice you as to the amount she is seeking. She may be able to make an argument for an increase. The incomes could have changed, someone could get re married, or the time share may have changed. If it is stressing you out, you should come in for a free consultation. We can crunch the numbers and break it down.

  5. It's not extortion-- it's litigation. Alas, the later is legal. I recommend you fnd a way to get along-- preferably via mediation.

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