My ex- has made a demand for payment of additional support based on our agreement regarding the insurance coverage for our children. At the time of divorce, 12 years ago, our children were covered by her insurance plan. As it cost no more to have them on her plan it was agreed they would remain on her plan. There was a contingency added that in case something should change and the cost increased that I would split the additional cost. Until recently she never notified me that there had been a change. As a result, I also never had a chance to discuss with her options, including moving the children to my plan. I have recently received her demand for payment of what she says is the additional cost. She says she is claiming 6 years of fees as says hat is the statute of limitations that applies. Do I have to pay if she never notified me and I had no input in any change? If so, for how many years back can she demand? Thank you.
If the agreement says you have to pay a portion of the fees then you will most likely be made to pay.
It took me a few re-reads to comprehend this question. Tell me if I am close: the other parent collected up previous bills and dropped them on you in a bundle and demanded payment. Is that about right? If so, an answer will be a confusing mess.
Your question involves two issues. The first is the process of collecting payments for expenses. Most support magistrates expect to see 'actual notice' of the demand which typically consists of certified mail with a return receipt (CRR) for the envelope containing paid receipts. This means the other parent must pay the expense, and then package the receipt in a CRR to you. You then have to pay on demand. Typically excluded from the CRR mailing are old receipts, receipts for other people, unpaid receipts or non-receipts (handwritten paper slips). An old paid receipt is typically more than six months.
The second issue is the order of support which specifies your input or lack thereof into the decision making process of the expense. If you order of support omits any mention of your input into an expense item, then you owe no matter what you think of the item. If on the other hand the order requires your approval, then the support magistrate will expect to see your signed documentation approving the expense.
This is a lot to absorb. In the normal course, moms screw up these requests for reimbursement. They throw in years old unpaid receipts that include items bought for self and for others. The typical support magistrate will discount those. They email requests and that is no good. They hand the receipts over personally and that is no good.
If you have more specific details, you can talk to an attorney to get more information. If you need representation, do not walk into a family courtroom unrepresented. You have been warned.
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A lawyer would need to review the agreement to answer your question.
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