Is there an expiration or time limit on medical expenses that are to be split between parents as far as notifying the second party? I have not received a single bill, notice or request for payment on ANY medical expenses for my son from his mother and today received a huge packet of bills that are "past due". How can something be past due if it has never been billed? Can she save bills all year long and present them ALL at the end of the year and demand full payment of 1,000's of dollars due in 3o days?
Usually, it would be under the "reasonable" amount of time. Unfortunately, courts generally find any time to have been reasonable. If you can't afford the bill, I would suggest making continuous payments on it, so that you are not "not paying" but that you are paying what is reasonable in light of them. Maybe you should find a local attorney and see what your local judge would find as reasonable in this matter.
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One starting point is a review of the exact wording and terms of the existing court order. Since you express concern, I urge you to confer privately with an experienced family law attorney at this time so she may provide you with detailed assistance. Tricia Dwyer Esq.
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I agree that you will first want to look at the language of your Court Order to determine if it provides specific language around how and when you are to exchange unreimbursed and uninsured medical expenses. If it does not not provide this specific language then arguably there is no true time frame, though courts tend to look to what is "reasonable" under the circumstances of the case. It seems less reasonable to hold onto bills for a year and then demand full payment in 30 days when payment would have been more easily made as the bills were incurred over the course of the year. In such a situation a payment plan would be a reasonable offer to resolve the outstanding bills. You are still responsible for your percentage of the medical bills as dictated by your Court Order, but again a court would likely find a payment plan spread over a specific time frame to be a reasonable solution. I suggest making an offer of re-payment and if you feel direct communication will be fruitful, contact a MN licensed family law attorney to help resolve the situation on your behalf.
The problem is this - few divorce decrees have the detailed language in them mandating such precise presentation of expenses like these. Divorce agreements are like this - many attorneys urge vague, easy-to-agree-to settlements so as to "resolve" the matter. The problem is that it isn't resolved - issues crop up all the time post-decree, and these vague agreements cause more problems than they help. A judge would probably say that what she is doing is ridiculous, but are you saying that SHE hasn't paid the bills at all, thereby making them overdue with the provider, or are you saying that she paid them but waited all this time to seek reimbursement from you?
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