Statute of Limitation for Medical Expenses Reimbursement

[tracing114]

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

Form FL-92 doesn't list a statute of limitations of getting reimbursements for expenses paid out of pocket. I have a court order that requires NCP giving me 50% of all medical expenses.

I have not done a great job of sending the ex medical expenses as most of it I have absorbed because they were small and manageable, and not worth the headache to ask.

Last year, 2015 I did incur a big bill ~$3k for our son, and again this year for $2k. When I asked for help last year he sent me $100. It's been about a year for the the $3k bill, and the $2K is about 2 months ago--this one I am still gathering bill receipts.

I will pay the $2k bill soon. What is the best way to recoup some, and hopefully my 50% back from NCP? I don't know what papers to file to serve him for non-payment. For the smaller items, I didn't ask, but I do want to ask for the larger 2 bill expenses.

Thanks!

 

[LdiJ]

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

Form FL-92 doesn't list a statute of limitations of getting reimbursements for expenses paid out of pocket. I have a court order that requires NCP giving me 50% of all medical expenses.

I have not done a great job of sending the ex medical expenses as most of it I have absorbed because they were small and manageable, and not worth the headache to ask.

Last year, 2015 I did incur a big bill ~$3k for our son, and again this year for $2k. When I asked for help last year he sent me $100. It's been about a year for the the $3k bill, and the $2K is about 2 months ago--this one I am still gathering bill receipts.

I will pay the $2k bill soon. What is the best way to recoup some, and hopefully my 50% back from NCP? I don't know what papers to file to serve him for non-payment. For the smaller items, I didn't ask, but I do want to ask for the larger 2 bill expenses.

Thanks!

You have to specifically ask him to pay his half based on the court order. Then, if he does not do so, then you file for contempt for the non-payment.
However, you also have to take into consideration whether or not he actually would have that kind of money available. It may be that a judge would add it to child support as arrears and let him pay a small amount monthly until it is paid off.

 

[tracing114]

You have to specifically ask him to pay his half based on the court order. Then, if he does not do so, then you file for contempt for the non-payment.
However, you also have to take into consideration whether or not he actually would have that kind of money available. It may be that a judge would add it to child support as arrears and let him pay a small amount monthly until it is paid off.

Is there a customary and usual time to allow for him to submit payment back to me--before filing for contempt?

Do I file contempt charges for each and every time he chooses to ignore my requests for reimbursement? Could you also offer any advice for future medical payments....meaning, if I start sending him timely itemized statements for copays, etc (no longer wanting to be as generous in floating him as before), and he doesn't pay any of them, should I wait for a period of time for them to accumulate (3-6 months)? He would have had proper notice from me moving forward. I am really unclear on how to proceed so that I'm not taxing the system yet wanting them to hold him accountable.


I don't know if he does or does not have that money readily available. I am ok if he's wiling to pay me installments as long as does but I don't have high hopes it will happen. As for judgement and adding to arrears, it will likely end up going that route since he has about 37K in arrears at this time and doesn't plan on paying any it.

 

[torimac]

You do file each and every time but you can go to court only one time.

For instance, when my ex would not pay child support, day care fees or medical reimbursement, I filed for contempt for each one after a year. There were over 20 contempt counts. But I went to court only once for all those counts. Each count does not need a separate filing, you can ask the courts to handle multiple counts at a time.

 

[tracing114]

Email vs Certified Postal

You have to specifically ask him to pay his half based on the court order. Then, if he does not do so, then you file for contempt for the non-payment.
However, you also have to take into consideration whether or not he actually would have that kind of money available. It may be that a judge would add it to child support as arrears and let him pay a small amount monthly until it is paid off.

Could you please help advise when requesting for repayment from ex, would email be sufficient proof or does the request must be sent via postal mail certified to show proof of delivery, etc? I'm wondering if sending him an email with all supporting documents (proof of payment, insurance claim, dr statement, etc) is suffice? If certified postal mail is the only form of proof accepted by the courts, then I will do that. Electronic email is easier to manage. Thanks for the advise so far. I really appreciate it.

 

[Silverplum]

Could you please help advise when requesting for repayment from ex, would email be sufficient proof or does the request must be sent via postal mail certified to show proof of delivery, etc? I'm wondering if sending him an email with all supporting documents (proof of payment, insurance claim, dr statement, etc) is suffice? If certified postal mail is the only form of proof accepted by the courts, then I will do that. Electronic email is easier to manage. Thanks for the advise so far. I really appreciate it.

RRR or Certified. Here's an easy-to-read explanation of both: http://smallbusiness.chron.com/difference-between-certified-amp-registered-mail-40089.html

 

[latigo]

Is there a customary and usual time to allow for him to submit payment back to me--before filing for contempt?

Do I file contempt charges for each and every time he chooses to ignore my requests for reimbursement? Could you also offer any advice for future medical payments....meaning, if I start sending him timely itemized statements for copays, etc (no longer wanting to be as generous in floating him as before), and he doesn't pay any of them, should I wait for a period of time for them to accumulate (3-6 months)? He would have had proper notice from me moving forward. I am really unclear on how to proceed so that I'm not taxing the system yet wanting them to hold him accountable.

I don't know if he does or does not have that money readily available. I am ok if he's wiling to pay me installments as long as does but I don't have high hopes it will happen. As for judgement and adding to arrears, it will likely end up going that route since he has about 37K in arrears at this time and doesn't plan on paying any it.

Please explain why you are suddenly concerned about "them holding him accountable" for medicals in a sum a mere fraction of what he owes in back child support!

How about YOU doing something to see that he is held accountable?

The answer seems to be that you are resolved to accept fact that he "doesn't plan on paying any of the $37K" - and that you lack the fortitude to stand up to him and see about legally enforcing his child support obligation through a quasi criminal contempt proceeding - PLUS pressing charges for criminal non-support!

So, why are you concerned about a non-existent statute of limitations and now a contempt proceeding over a figure that is a fraction of what is owed in child support?? I think you will be doing just as in the past . . . nothing!