Child Care/Unpaid Medical--Arrears??

[anorcalmom2]

What is the name of your state (only U.S. law)?

CA

My ex and I have been involved in a very high conflict custody battle for the past 3 years, although we have been divorced for 8 years. We go to court next week and I have a question about another issue he has now presented.

Since our divorce, we have never exchanged ONE cent of child support. We had the kids equal time (until our battle started, of course!) and we mutually agreed not to pursue any support issues when we split up.

Two years ago the court awarded that we split child care costs and unpaid medical.

When he has the kids, he puts them in day care. When I have them, I adjust my work schedule to where I don't need to put them in day care (Im self employed).

NOT ONCE has heever sent me a bill, statement, request, plea, phone call....NADA...for me to pay him for day care expenses that he has paid since the order was set nor has the daycare. Same with medical expenses.

He makes twice the amount I do (and 3x's if you count his wifes) and I just figured that he was handling the cost alright on his own as I was never given any amounts to pay etc...

Now, two years later in conjuction with his most recent request, a move away request, he is trying to go after me for over $15,000 in back child care/medical expenses for the past two years. As if the move away request I was staring at didn't drop me to the floor fast enough, the gentle soul had to pursue this!

My question is this....According to form FL-192, Notice of Rights and Responsibilities for Health Care Costs and Reimbursement Procedures, he was supposed to give me an itemized statement for charges within 30 days that the charge was incurred. Obviously, he never once did this.

Can he legally go back and now get this from me??

Also, does this apply to child care expenses as well......I am unable to find any form that applies directly to child care.

Thanks!What is the name of your state (only U.S. law)?

[CourtClerk]

He loses basically. He needs to provide you with a demand for payment and/or the receipts in a timely manner. Waiting YEARS to bring you those receipts is going to scream to the judge that it wasn't all that important to him. If he serves you with a motion demanding those fees, then there is a definite laches defense there. He waited WAY too long.

[anorcalmom2]

All that he has done is like I mentioned above was in our most recent order to show cause filed in which he is requesting to move away, his attorney also spent a few pages asking for arrears and included very detailed statements for the expenses...down to the amount, check number paid, etc. However, like I said, that was the first time I have ever seen any numbers.

Well, thanks for the reply! I hope the judge sees it that way. Lord knows he hasn't been seeing ANYTHING in my favor this past three years. And since I know in my heart that I am fighting a losing battle with the move away, at least I won't have to watch my ex walk away with the only two children I have to live his new life two hours away and then toss me a 15k bill on top of it!

I sure hope that its true when they say KARMA is a b*&%h!

[CourtClerk]

Originally Posted by anorcalmom2

All that he has done is like I mentioned above was in our most recent order to show cause filed in which he is requesting to move away, his attorney also spent a few pages asking for arrears and included very detailed statements for the expenses...down to the amount, check number paid, etc. However, like I said, that was the first time I have ever seen any numbers.

Well, thanks for the reply! I hope the judge sees it that way. Lord knows he hasn't been seeing ANYTHING in my favor this past three years. And since I know in my heart that I am fighting a losing battle with the move away, at least I won't have to watch my ex walk away with the only two children I have to live his new life two hours away and then toss me a 15k bill on top of it!

I sure hope that its true when they say KARMA is a b*&%h!

You probably won't get off scott free since you are required to reimburse for expenses, however, you should make an argument that all those bills 2 years old... up to maybe 6 months of them be thrown out. He canNOT hold onto bills for 2 years then up and decide that he wants payment.