Help interpreting order


#1

Hello,

We have a custody order in place with my husbands ex-wife and she continually pushes it’s boundaries and because the language can be interpreted differently depending on whose reading it I need some help from an attorney to know what is best to do.

The language in our order states:
“The party incurring the expense on behalf of the minor child shall present proof of the expense within 30 days, and the other party shall reimburse the party who paid the expense or pay his/her share of the expense to the medical care provider within 30 days of presentation of proof of the expense.”

The expense in question is an uncovered insurance balance at the pediatricians office for $52. There was an outstanding balance from May 2013 and some from April 2014 (which is not uncommon and we don’t want to set a precedent by starting to pay now). We have copies of the bill given to us from the pediatricians office, at my request to try to get the facts straight, and the bills are dated after the final insurance adjustments 6/4/2013 and 4/21/14 both paid 10/29/14 and submitted to us for reimbursement on 11/3/14.

My need for clarity Is, she incurred the expense on behalf of the children on 6/4/13 and 4/21/14 respectfully, and didn’t present proof of the expense until she chose to pay it on 10/29/14, so are we responsible for reimbursement or not based on the language in our order?

Thank you!


#2

If the order requires her to present proof of expense within 30 days, and didn’t do it until over a year later, she has breached the terms of the order. Your husband can choose not to pay, citing the breach as his reason for doing so. But, his ex could always file a motion for order to show cause citing his lack of payment as a breach and seek to have him held in contempt. The judge who drafted the order obviously wanted your husband to pay for uninsured medicals, but also included language that requires her to present payment within a certain time frame. If you don’t want to set a precedent of allowing her to push the limits of the order, you could always refuse to pay and put the burden on her to make a motion to have it enforced.