Getting Reimbursed for Medical Expenses from your Ex in New Jesey
Pursuant to the Gotlib v. Gotlib case, parents are entitled to reimbursement for properly paid medical expenses because like child support, it belongs to the children and cannot be waived.
Neither Parent Can Waive Reimbursement of Medical ExpensesGoing through a contentious divorce might make one party agree to walk away from reimbursement of medical expenses for the children/child. It is a burdensome task collecting all of the receipts, providing proof of payment for the medical expenses; and then possibly arguing, motion after motion, whether the medical treatment was reasonable and necessary or whether the provider was the proper provider and covered under the insurance, etc.
The motion practice that can be entailed in getting reimbursed for medical expenses can be daunting and very expensive. But it doesn't have to be. Having the attorney send a letter and citing Gotlib and it's proposition that the expenses cannot be waived, and then putting them on notice that if the other party is not reasonable, counsel fees will be sought if a motion has to be filed, should persuade reasonable counsel to come to the table and go through the receipts.
Medical Expenses provide Essential Benefits to the ChildrenThe court held in Gotlib that "payments to offset un-reimbursed medical expenses are intended to provide essential benefits to the parties' children. In this light, the right to receive these payments belongs to the children, and is therefore not subject to waiver by a custodial parent. " See L.V., supra, 347 N.J.Super. at 41, 788 A.2d 881 (citing Kopak, supra, 4 N.J. at 333, 72 A.2d 869; Martinetti, supra, 261 N.J.Super. at 513, 619 A.2d 599; Savarese, supra, 311 N.J.Super. at 246, 709 A.2d 829).
Keeping Good Records is EssentialTo avoid the motion practice, keep good medical records and break them down as follows:
1. All medical expenses, including dental, prescriptions and eye glasses per child
2. All the same expenses broken down by each month.
3. All the same expenses put into a chart with matching receipts and proofs of payments.
This is a sure fire way to avoid motion practice and if not, a great exhibits to present to the Judge with your motion.