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Do I follow the original decree or the modified decree?

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fafee

Junior Member
What is the name of your state? MN

My ex and I have joint physical and legal custody of our two sons. In regards to medical expense, the original divorce decree stated that expenses not covered by insurance would be equally split between us.

On September 27 2004, we went before a judge to "modify the terms of the judgement and decree of dissolution of August 2 2000, concerning the custody arrangements for the parties' children."

In regards to medical expenses, the new order states "The parties will exchange bills for uncovered expenses quarterly each year. Each party will provide the other with copies of bills for expenses she/he has incurred with a request for a specific sum for reimbursment from the other party. Expenses not submitted on a quarterly basis may not be submitted later.

In March 05, my ex submitted bills to me that are from Feburary 04. The insurance denied them in August 04 and he paid them Feburary 05.

Does the new order replace the old order? If that is the case, I don't feel that I am responsible for one half since he did not submit them to me at the time the insurance company denied. He will argue that he can submit them to me because he paid them in Feburary 05 and he did submit them to me during the quarter that they were paid.

Do I go by the date of service on the bill and follow the order that was in effect at that time? If that is the case, then I would have to pay one half the expenses.

Thank you in advance for any advice.
 


Check or Money Order?

If the date of the medical treatment preceded the modification (which it appears it did) you owe 50%.
 
S

seniorjudge

Guest
fafee said:
What is the name of your state? MN

My ex and I have joint physical and legal custody of our two sons. In regards to medical expense, the original divorce decree stated that expenses not covered by insurance would be equally split between us.

On September 27 2004, we went before a judge to "modify the terms of the judgement and decree of dissolution of August 2 2000, concerning the custody arrangements for the parties' children."

In regards to medical expenses, the new order states "The parties will exchange bills for uncovered expenses quarterly each year. Each party will provide the other with copies of bills for expenses she/he has incurred with a request for a specific sum for reimbursment from the other party. Expenses not submitted on a quarterly basis may not be submitted later.

In March 05, my ex submitted bills to me that are from Feburary 04. The insurance denied them in August 04 and he paid them Feburary 05.

Does the new order replace the old order? If that is the case, I don't feel that I am responsible for one half since he did not submit them to me at the time the insurance company denied. He will argue that he can submit them to me because he paid them in Feburary 05 and he did submit them to me during the quarter that they were paid.

Do I go by the date of service on the bill and follow the order that was in effect at that time? If that is the case, then I would have to pay one half the expenses.

Thank you in advance for any advice.
Q: Does the new order replace the old order?

A: Yes, from the effective date of the new judgment. Thus, on that date, you started following the new rules and any medical treatment started on or after that date would come under the new rules.

Thus, in your example ("In March 05, my ex submitted bills to me that are from Feburary 04") these are covered by the old rules.
 

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