Can I take my estranged husband to family court for reimbursed medical expenses for our child?
5 attorney answers
This can only be addressed in Supreme Court. Make sure you have proof that you presented the bills. Then file a motion. I highly suggest that you sue an attorney.
You cannot take your husband to family court unless the stipulation is so ordered by the Supreme Court. Additionally, the family court does not have jurisdiction to enforce agreements (only orders). Finally, even if the agreement was made into an order, the family court wouldl likely send your enforcement petitionback to the supreme court as a matter of judicial economy. Bottom line, your remedy lies only with the supreme court for now.
If you have an attorney, your attorney should write a letter or an email to your husband's attorney regarding the unpaid medical expenses. You need to make sure you have sent your husband a copy of the bill and proof of payment if any part was paid by you where you are seeking reimbursement.
You cannot go to Family Court for enforcement of your stipulation prior to your divorce since the Family Court has no jurisdiction to enforce a contract that has not been incorporated in a Judgment of Divorce. Unless the amount at issue is considerable (thousands of dollars), it probably does not make any economic sense to file a motion in Supreme Court since the cost for counsel fees for the motion will exceed the amount owed. If the amount remains unpaid after the divorce is granted and entered, you can then file for enforcement in the Family Court.
Advice on this forum is for informational purposes only and should never be mistaken as a substitution for legal advice. Answering a question does not create an attorney client relationship. If you need legal advice, you should consult or retain legal counsel.
You cannot take the matter to Family Court as it is presently in Supreme Court. Two separate courts cannot hear the same case. If you try this you shall be turned away at the clerk's office. File a motion to enforce in Supreme Court.
I am an attorney with over a decade of experience in Matrimonial and Family Law with offices in Brooklyn and Manhattan. I have experience in all five boroughs as well is Nassau and Suffolk County. The opinion expressed in this ad based upon the limited information provided and do not indicate an attorney-client relationship
You should be able to file some sort of petition to enforce reimbursement of medical expenses, which may or may not be heard prior to the trial in the case, but at least will be addressed by the time of the trial. Good luck to you.
he response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of Arizona. Responses are based solely on Arizona law unless stated otherwise.