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txmitchell
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Reged: 01/28/10
Posts: 3
X never sends bills_8 years later trys to collect
      #627472 - 01/28/10 09:33 AM

Texas. My original decree specifically states that in order to get reimbursed for medical expenses, the person must submit copies of the bills to the other party within 10 days for reimbursement. Evidently my x and I were not aware I was to be responsible for 50% of medical expenses (I pay for the childs insurance). It has never come up and I have never received any bills from her. Fast forward 8 years later and she is taking me to court. It looks like the judge is going to over rule the original 10 day requirement which protects me, saying it doesn't matter that she never sent the bills to me. He is about to award her $9000.00. Is this legal? Can a judge just rewrite their own standard order?

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junebug
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Re: X never sends bills_8 years later trys to collect [Re: txmitchell]
      #627534 - 01/28/10 10:51 AM

probably not. You can file for an appeal.

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bettyboo
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Reged: 01/08/10
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Re: X never sends bills_8 years later trys to coll [Re: txmitchell]
      #628168 - 01/30/10 12:07 PM

txmitchell:
WOW this same exact thing happened 2 me, my ex never sent me med bills i assumed insurance had covered everything. We had joint custody 2 weeks w/him then 2 weeks w/me but the agreement between us was when child in my care i took 2 appt when in his care he took(rare). Then whoever took her paid the deductable & the meds. Although our decree does state we was 2 split anything uncovered 50/50 & "we" never did exchange bills & he never mentioned any other bills, he was the CP & the insured primary. Anytime my child was sick i mostly took her 2 the dr because i was of course worried & concerned, my ex if it was his custody time he would ask me 2 take her because 4 him 2 leave work he gets points off so i did. Ex gets married she couldn't stand me & said i was takn advantage of him & he needed 2 hold me responsable 4 the bills, so they took me 2 court 4 over 7 yrs of med bills it was thousands of dollars. Well i was like yeah lets go bring it on because i knew i was mostly the 1 who took my child 2 the dr & paid the deductable & meds so thanks goodness i had kept my copies of where i had paid, well he couldn't prove he had sent me bills & he couldn't prove where he'd paid his share so guess what his case was dropped. In my opinion we were even because when i took her 2 doctor on his time i had 2 leave work, also on his time i took her 2 school 4 him everyday because he started work b4 school opened, then on his custody time if he had 2 work overtime i had 2 take a late lunch break(4pm) head home 2 meet daughter at bus stop until he arrived, i was majorily always taking her 2 the doctor paying the deductable & meds because he couldn't leave work, so i felt we was even. Now heres the kicker i now have sole custody & i have sent regular & certified mail the unpaid med bills 2 him, here it is 4 years later he has yet 2 pay me a dime(i am 2 send bill once i get then he is 2 re-imburse 30 days later). My daughter will turn 18 in a few months child support & med ends so i'm debating if i should go take him 2 court 4 contempt & get re-imbursement plus he's in contempt for not providn dental coverage.
Judge told us there is a statue of limitations he was only going 2 make me pay like 3 or 4 years worth, even though there was a time limit regardless theres still an arrears. my ex has always covered her under his insurance, if i had known things weren't being fully covered(he had 80/20) i could of put her under my insurance 4 secondary of whatever his didnt cover but i didnt know of any bills he had always had a good coverage plan. U will of course b given time 2 pay since she didnt inform u, if she has insurance i would ask that she b made the secondary coverage person & u'd both not hav to pay much of nothing if she has no job she can use medicaid as seconadry. Since Jan 2009 new child support guidlines its not split 50/50 anymore it goes by ratio so ours is now 70(him) 30% (me). if u go 2 court ask 4 a modification by the new guidlines & ask 4 medical expense credit & her provide secondary support of med ins.-good luck


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ssmom79
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Reged: 06/27/07
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Re: X never sends bills_8 years later trys to collect [Re: txmitchell]
      #628476 - 02/01/10 11:06 AM

I'm pretty sure the judge has to abide by the order. Are there extenuating circumstances involved where a judge might rule this out, like proof that you received Explanation of Benefits which could be considered a bill?

Betty, it's terribly difficult to read your posts, perhaps you can consider separating into paragraphs and using words instead of numbers. It helps.


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txmitchell
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Reged: 01/28/10
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Re: X never sends bills_8 years later trys to collect [Re: ssmom79]
      #628598 - 02/01/10 07:32 PM

Extenuating cercumstances? No - with a wave of his hand he said it didn't matter:
1) It didn't matter that the court order specifically defined how much time is allowed to submit bill for reimbursement.
2) It didn't matter that she couldn't show any original bills (she evidently did some research and showed up with an uncreased, newly printed stack of bills I've yet to check out but again - I've have never seen them before)
3) The Judge said that she needn't prove that she sent them to me with certified mail (yet the AGs office advised her to do so with all submissions).
4) The Judge said it didn't matter that there is not any record of complaint from her to the AGs office at any time in the last 8 years indicating any problems.

I explained to the Judge that the AGs office told us on 2 different occassions this last year, by 2 different case managers that unless she could show original bill and prove that she sent the copies in a timely manner, that it would be thrown out. I told the Judge this and his smug reply was: "were they wearing one of these", as he reached up and grabbed the black collar of the robe he was wearing. Man, was a peach! And this is our justice system? Justice, it appears, is just a matter of whose court you go before.


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