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racking up stack of bills never presented

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NCPwithrights

Junior Member
What is the name of your state (only U.S. law)? IL
My husband has two daughters with previous wife(divorced 12 years ago) that he pays a flat amount of child support monthly to. Ever since she found out that we have a baby on the way she has been threatening him that he owes her thousands in old optical, dental, dermatologist bills. Marital settlement states that he pays half of these expenses but she never has presented any bills for any of it or even told him when the kids were going to the dentist etc... Marital settlement also states that she is to advise the NCP before incurring the expenses. Is he now responsible to pay a giant lump sum of bills from years ago that he did not know existed?
 


Silverplum

Senior Member
What is the name of your state (only U.S. law)? IL
My husband has two daughters with previous wife(divorced 12 years ago) that he pays a flat amount of child support monthly to. Ever since she found out that we have a baby on the way she has been threatening him that he owes her thousands in old optical, dental, dermatologist bills. Marital settlement states that he pays half of these expenses but she never has presented any bills for any of it or even told him when the kids were going to the dentist etc... Marital settlement also states that she is to advise the NCP before incurring the expenses. Is he now responsible to pay a giant lump sum of bills from years ago that he did not know existed?
I'd like to hear, from the "NCPwithrights" himself, what his order states exactly -- minus names.
 

CSO286

Senior Member
What is the name of your state (only U.S. law)? IL
My husband has two daughters with previous wife(divorced 12 years ago) that he pays a flat amount of child support monthly to. Ever since she found out that we have a baby on the way she has been threatening him that he owes her thousands in old optical, dental, dermatologist bills. Marital settlement states that he pays half of these expenses but she never has presented any bills for any of it or even told him when the kids were going to the dentist etc... Marital settlement also states that she is to advise the NCP before incurring the expenses. Is he now responsible to pay a giant lump sum of bills from years ago that he did not know existed?
I'd like to hear, from the "NCPwithrights" himself, what his order states exactly -- minus names.
Me too.

And by "exactly", we are asking for "word for word" posting, minus names, of course.
 

NCPwithrights

Junior Member
Each party shall pay one-half of the expenses not covered by insurance, incurred incident to the health care of the children, whether such expenses are ordinary or extraordinary. Such expenses shall include but not by way of limitation, hospital,surgical, optical, and orthodontia care, dental work, minor ailments, drug supplies and the like.
In the event of serious illness of a child, or the need for hospital, surgical, optical, or orthodontia or extraordinary medical or dental care, wife shall advise husband before incurring expenses in any of those connections. It is understood by both parties that wife's obligation to advise husband in any of those connections shall not apply in cases of emergency where a child's life or health might be imperiled by delay.
 

Antigone*

Senior Member
Each party shall pay one-half of the expenses not covered by insurance, incurred incident to the health care of the children, whether such expenses are ordinary or extraordinary. Such expenses shall include but not by way of limitation, hospital,surgical, optical, and orthodontia care, dental work, minor ailments, drug supplies and the like.
In the event of serious illness of a child, or the need for hospital, surgical, optical, or orthodontia or extraordinary medical or dental care, wife shall advise husband before incurring expenses in any of those connections. It is understood by both parties that wife's obligation to advise husband in any of those connections shall not apply in cases of emergency where a child's life or health might be imperiled by delay.
Your original question is this: Is he now responsible to pay a giant lump sum of bills from years ago that he did not know existed?

My answer is this: Possibly.
 

Silverplum

Senior Member
Your original question is this: Is he now responsible to pay a giant lump sum of bills from years ago that he did not know existed?

My answer is this: Possibly.
How did Dad not know medical bills of all sorts existed?

Did he think his children never went to the doctor/dentist/somebody in TWELVE YEARS??

For that reason, I agree that it's entirely possible that he may be ordered to pay half of those bills. On the other hand, it might be that Mom has blown her chance by not demanding prompt payment.

Up to the Judge.
 

CSO286

Senior Member
Each party shall pay one-half of the expenses not covered by insurance, incurred incident to the health care of the children, whether such expenses are ordinary or extraordinary. Such expenses shall include but not by way of limitation, hospital,surgical, optical, and orthodontia care, dental work, minor ailments, drug supplies and the like.
In the event of serious illness of a child, or the need for hospital, surgical, optical, or orthodontia or extraordinary medical or dental care, wife shall advise husband before incurring expenses in any of those connections. It is understood by both parties that wife's obligation to advise husband in any of those connections shall not apply in cases of emergency where a child's life or health might be imperiled by delay.
And what does the order say about the timeframe in which these bills must be submitted to the other parent?

For Ex.: Several states require that any bills submitted for reimbursement must be >2 years old. After 2 years, the submitting parent is out of luck.
 

NCPwithrights

Junior Member
The "bills" are from years ago. The children have always had health insurance covered by their mom which the settlement states. CP never communicates any school info, activities, or any info with NCP including one child's many trips to the dermatologist for acne which was not covered under her insurance or any trips to the dentist which were also assumed covered by her insurance since she never told me or presented any bills. She has still not shown me any actual bills or receipts of payment for these services, but demands money daily based on the amounts that she texts or emails us. She wont send the actual bills but threatens that she will take me to court for numerous bills (she is vague about exactly how many total) if I don't send her checks for the amounts that she requests. She already has cut me off visitation and communication from the kids.
Says she will discuss visitation after I pay her more money and I am not allowed to call or text the kids because she pays their phones. I filed for visitation enforcement with court yesterday but was just wondering about all these "bills" because I think she is trying to rack them all up and bring to court all at once so that I would owe her all at once.
 

Isis1

Senior Member
The "bills" are from years ago. The children have always had health insurance covered by their mom which the settlement states. CP never communicates any school info, activities, or any info with NCP including one child's many trips to the dermatologist for acne which was not covered under her insurance or any trips to the dentist which were also assumed covered by her insurance since she never told me or presented any bills. She has still not shown me any actual bills or receipts of payment for these services, but demands money daily based on the amounts that she texts or emails us. She wont send the actual bills but threatens that she will take me to court for numerous bills (she is vague about exactly how many total) if I don't send her checks for the amounts that she requests. She already has cut me off visitation and communication from the kids.
Says she will discuss visitation after I pay her more money and I am not allowed to call or text the kids because she pays their phones. I filed for visitation enforcement with court yesterday but was just wondering about all these "bills" because I think she is trying to rack them all up and bring to court all at once so that I would owe her all at once.
is this dad or his new wife?
 

mistoffolees

Senior Member
How did Dad not know medical bills of all sorts existed?

Did he think his children never went to the doctor/dentist/somebody in TWELVE YEARS??

For that reason, I agree that it's entirely possible that he may be ordered to pay half of those bills. On the other hand, it might be that Mom has blown her chance by not demanding prompt payment.

Up to the Judge.
Two more factors to consider.

1. There may be a state statute on when the bills must be submitted. After a certain period of time, it may be too late to collect (either because of laches or statute of limitations)

2. Let's say that Mom has the bills and doesn't give them to Dad. If Dad had received the bills, he could have submitted them for insurance reimbursement, but by the time Mom gave them to him, it was too late to submit them for reimbursement. The court might easily order that the bills are Mom's problem because the possibility of having them reimbursed was ruined by Mom's actions.

Of course, I agree with the comment - how could Dad not know that his kids had seen the doctors in 12 years. He was apparently hoping he could get away with not paying.
 

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