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  1. #1
    jarvist Guest

    Statute of Limitations - Medical Bills - Colorado

    What is the name of your state? Colorado

    What is the statute of limitations on medical bills under an order from the state of Colorado?

    The ex-wife is under the impression that even though the bill was created last year (without my knowledge) and she has chosen not to pay it until now, I am obligated to pay her 1/2 of the bill. Is this correct? Does the clock start from the time the bill is created, or the time the bill is paid?

    Thanks!
  2. #2
    oneandonly Guest

    You might try this link~

    [url]http://www.deltabravo.net/custody/tgbco.htm[/url]

    good luck
  3. #3
    JETX is offline Senior Member
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    "The ex-wife is under the impression that even though the bill was created last year (without my knowledge) and she has chosen not to pay it until now, I am obligated to pay her 1/2 of the bill. Is this correct?"
    *** We assume that this 'obligation' is provided by a court order for your divorce and is NOT a statutory one. If correct, then you would have to rely on your court order to determine whether you have any liability for the bill or not.

    "Does the clock start from the time the bill is created, or the time the bill is paid?"
    *** The states SOL (Statute of Limitations) is the period allowed for the creditor to be able to force payment of the debt by claim or by lawsuit. This would have nothing to do with an obligation that is created by your divorce order. BTW, the statutory SOL clock starts on the DOLA (Date of Last Activity) on the account.
  4. #4
    jarvist Guest

    Question Order Changed from Colorado to Texas

    Thank you both for your responses.

    Here is the basic situation...

    We got divorced in Colorado and there are two children of the marriage. One lives with ex, and the other with me. Since the split of the children in 1996, each one of us has paid 100% medical expense for each child in our possession, even though the Colorado order was to split 50% of each childs expenses. This past summer the ex tried to fight me for the daughter in my possession. She lost, but because of the court battle, the most current order we have is from the state of Texas and it went into effect this past September 1st. The Texas order is explicit; stating that she has 10 days to get the bills to me and I have 10 days to pay them. Now that she was defeated in court for custody, she is trying to gain financially by sending me medical bills of which I had no prior knowledge. Just wanting to know what my legal rights are. There is a lot of talk on this site about "laches" but there is no real difinitive answer as to how long a "reasonable amount of time" is. Now that the Texas order is in effect, how are the bills to be treated. If services were rendered in April, but not disclosed until October, am I still required to pay them? The Texas order states she had 10 days to tell me about them. She is thinking that even though the services were rendered in April, and she hasn't paid for them yet, the 10 day rule applies to payments that she makes toward her balance with the medical provider. I am thinking that the 10 days started from the day she received the treatment. Which is right?

    Thanks
    Last edited by jarvist; 12-02-2003 at 03:22 PM.
  5. #5
    VeronicaGia is offline Senior Member
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    You will really want to contact an attorney about this, but if the order went into affect 9/1/03 and she has bills prior to that date, she pays, because they are prior to the court order mandating a 50% split.

    Just my guess.....
  6. #6
    jarvist Guest

    Thanks Veronica

    Thanks for your insight.

    That is the sticky part.....the Texas order went into effect on September 1, but there was a Colorado order mandating a 50/50 split that has been in effect since 1996. However, neither one of us has requested payment for medical expenses because each one of us had custody of a child. She never requested payment of medical expenses for the child in her care until after the Texas order went into effect. That's why I was wondering about the "reasonable time" allowed for her to inform me of the bills. I read on one of these posts that it was 60 to 90 days. Do you feel that is correct?

    Thanks!
  7. #7
    Boxcarbill Guest
    CO law would be controlling law on this matter. But unless this is one hell of an expensive medical bill to be split 50-50, the court cost and attorney fees would make it rather an empty victory to pursue for either party.

    Incidentally, the 10 days notice under Texas Family Code, does not prevent the court from ordering the reimbursement for medical expenses. That is the 10 days notice is not a statute of limitation or requirement which if not fulfilled bars reimbursement as a matter of law. The court can and routinely does order reimbursement even though the request for payment or the payment was not made within the 10 days set out in the decree or SAPCR order.

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