We just went back to modify the original court order in December 2011. She has NEVER followed the rules re: medical reimbursement. She used to wait up to four months to send me bills, and expect payment in 20 days. The new court order states she has 10 days from medical expense payment to send me proof of payment, and the explanation of benefits.
She has continued to sens me bills past the 10 day point, and will not send me an EOB for prescriptions. She just "scans" an invoice of what the drug was and "cost". No EOB, no proof of what she paid, no proof of what the insurance paid, no proof of co-pays, etc. I told her I am not paying these bills for January and February because it does not follow the court order. She wants to threaten me with contempt of court.
What is the best plan?
You should check with a lawyer who can read over your court order to be sure, but it may be that your best plan is not to pay the bills. Court orders exist for a reason, and if she isn't following the order with respect to timely sending you the bill copy and EOB, your remedy is usually to avoid paying. The reason for the time limits in clauses like the one you are talking about in your court order is to prevent someone from letting bills stack up, then dumping a huge expense on you all at once. If she isn't going to follow the court order, she can't successfully have you held in contempt when you don't pay.
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You could hold her in contempt for failing to follow the terms of the modified order.
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I agree with my colleagues, you need to consult with an attorney to determine the specific terms of the order. You want to be sure to avoid the possibility of an contempt action, thus follow a proactive approach. Furthermore, if the order if vague you may want to consider having it modified so that your ex wife and you will be better able to comply with its terms. Best of Luck.
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