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Family Expert
Family Expert, Lawyer
Category: Family Law
Satisfied Customers: 1291
Experience:  25 Years
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Divorce Decree Question

Resolved Question:

Is a party responsible for medical payment of uninsured medical bills if reciepts are submitted by the ex spouse after the ten day period that is mandated by the decree?
Submitted: 8 years ago.
Category: Family Law
Expert:  Family Expert replied 8 years ago.

The decree should specify who is responsible for unisured medical - if all it says is that the receipts "should" be submitted within ten days then submitting themin10 days is not a "condition precedent" to your duty to pay and you'll have to pay them. If you're concerned, go back to court and ask judge to "modify" decree,telling him you have a budget and need to plan too and to make it so that if the bills are not submitted on time you don't have to pay at all.

All the best,

Customer: replied 8 years ago.
the decree says it is ordered that the party who pays for a health care expense on behalf of the child "shall sumbit" to the other party within ten days . So your answer still stands? Our child graduates in two months so a modification of a decree might not make sense at this point. I am concerned that my spouses ex can submit to us medical expenses she has failed to give to us for our share this past year and the past several and reqeust payment...then are we responsible?
Expert:  Family Expert replied 8 years ago.
It depends on whether "shall submit" constitutes a necessary condition for your obligation to pay - certainly you can make that argument and it is not a bad one - even if you don;t want to file a petitionfor modification, you can always file a petion for "Clarification of the court's order" and just get it in front of the judge for him to decide. That decision, if its in your favor will prevent them from sandbagging you down the road with additional bills!
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Customer: replied 8 years ago.
Thank you for your help. I tried to accept the answer and it appears I have an old credit card online. I will pay the $15 as due when info responds with the how to correct/change card numbers. Thank you for your help. I do appreciate it.