Legal Question in Family Law in Alabama

I'm in Alabama. My ex was ordered to pay 60% of co-pays medicine ect.. But never has. We've been to court many times but that hasn't been brought up. So how far back can I go to make him pay his 60%?


Asked on 6/01/12, 11:05 am

1 Answer from Attorneys

C. Terry Gregg, Jr. Law Offices of Terry Gregg, LLC

Without more information, I cannot fully answer the question tailored to your exact situation. I would first ask why that issue was not presented to the court during the many times you've appeared before the judge?

Second, it is not uncommon for Final Orders/Decrees to require a particular form of notice to the party required to reimburse or make a payment for such necessities, e.g. "by certified mail within 2 weeks of receipt of invoice or payment rendered." I would thoroughly check your Order to find out if you followed procedure to prompt the responsibility to pay prior to raising the issue before the court.

If you did follow all procedures required and the issue has not been previously ruled on or amended, I don't see a reason why you are not entitled to the entire 60% of all co-pays, medicines, etc. However, if you "let it slide" sometimes or don't send notice in a reasonable time, you may have waived your right to redeem it. Follow your order so you have clean hands prior to the next modification or contempt hearing.

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Answered on 6/01/12, 1:30 pm


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