Reimbursement of Medical Expenses to Custodial Parent
My divorce papers state that I am required to pay the first $100/year for out of pocket medical expenses. Once that obligation has been met, out of pocket expenses are to be split 50/50. I had to pay out 600 between 2000 and 2001. I have supplied copies of all the bills and proof of my out of pocket expenses however my ex refuses to pay his portion. He cited that he did not approve of these doctor's visits therefor he is not going to pay. I have full custody of our child and he has been given the names of all her doctors and dentist (with address and phone numbers). No where in our papers does it say that he must approve of the expenses. (Side note: Our support percentage is 70% me and 30% him....50/50 on medical expenses).
I have spent over $30,000 on my divorce and post divorce litigation and frankly am tired of having to pay my attorney $800 to get $200.00 from my ex! (LOL)
Besides taking him to small claims court, do I have any other options? I agreed to him claiming her on his taxes every other year...could I refuse that right until he pays me or claim her myself and refunding the deductible minus his debt to me?
Thanks for you time.
1 Answer from Attorneys
Re: Reimbursement of Medical Expenses to Custodial Parent
The primary remedy would be to file a contempt motion. If you have previously filed for contempt, you can use that motion as a model and change the body to reflect the fact that he has not paid medical bills. He does not have to approve of the doctors visits as long as they are necessary. You may need to get his permission for optional proceedures such as orthodontia or cosmetic surgery. I would ask your attorney to review the motion. This should not cost much at all.
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