We have an order in place that states ex is responsible for medical coverage the standard First $250 and then we each have a percentage. My ex has not submitted any medical bills since 2014. Now all the sudden she is stating I owe her thousands. She had her Atty send over some papers last year. I asked for EOB’s, proof of her payment etc and never got a response. Now she sent a scathing email demanding money.
- am I correct that I have a right to receive copy of Original bill, eob and her part to show she paid the first $250 and which bills applied to that??
- is there a statue of limitation as to how far bk she can go? When we were getting along she stated don’t worry it never gets over $250 bc my new company provides me w a $10k medical card.
It depends on the language of your child support order or child support agreement. Typically there are deadlines placed for the exchange of payment information related to uninsured healthcare expenses for minor children. If there are not, the other parent must submit them for reimbursement within a reasonable time. What is considered a reasonable time would be up to the judge, but you would have a good argument that reimbursement requests from 2014, 6 years ago, is well past the “reasonable time” deadline.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here
The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.
What if the ex won’t provide EOB’s bc the copied are hard to read and don’t show where insurance was applied. Will a judge make them provide one??
If it is required in the court order that the parenting incurring the expense provides proof of the expense to the non-paying parent, they that parent will have to find a way to turn over legible documents. Generally the documentation of the uninsured expense does not have to be an EOB unless your court order states that it must be EOBs.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here
The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.