Medical expenses

North Carolina Divorce Law Divorce and Separation Answers
1

My husband and ex had a separation agreement back in 1997 when they separated. Basically all expenses related to the medical bills plus paying for the insurance thru work - he was 100% responsible for. Divorce was granted in 1998 - the separation agreement was [b]not[b] incorporated in the divorce. In June 07, my husband took her to court due to the fact she was denying him visitations. They were granted joing legal custody with her having primary physical custody. 1) Does the fact that now there is a court order with joint legal custody make their separation agreement null and void? 2) if so, wtih them having joint legal custody - would medical expenses be now split 50/50.

Little more : after court case in 6/07 - had to do a show cause order for her violating 6/07 order and now currently have a court case in 2/10 for modification of custody. The child has had several doctor order testing and the medical bills are mounting (deductibles etc). Shouldn’t these bills be split 50/50 now with court order. The order didn’t not specifically spell out about the medical expenses.

Now the bills are coming in for all the testing- she is trying to send all bills to my husband. The companys that have sent bills are sending them in the childs name to our home address and just got one today with her name (childs mother) on it address to our address. Which we think she is trying to make sure that my husband is responsible for all the bills that has been incurred.

2

If the court order relates only to custody, and does not address the issue of child support and medical expenses the provisions for the medical expenses outlined in the agreement are still in effect and enforceable.

3

In the order for 2007 - she made a request for the child support in her counterclaim - no evidence was presented during the case to support her claim for the child support - the judge stated that cs could be included if something could be work out at the request of her lawyer at the time. My husband submitted is info and nothing was ever done. She never submitted her information to agree on anything. He paid cs directly to her. After the 6/07 case…he tried to give the money to her directly and she would take the checks but never cash them. Then in 8/08 - a show cause was done for her keeping the child away from my husband again - In 11/08 - she went thru DSS to do child support again…DSS dismissed the case. If you mention the child support-- she don’t want to talk about it.

4

There is no order, the agreement controls.