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Family Expert
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Category: Family Law
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Experience:  25 Years
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My ex husband wants me to return the last two month of ...

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My ex husband wants me to return the last two month of child-support because my son now lives with him sinse April 01.2008 Child- support will end in june when my son gratuetes from highschool. He ows me half of all medical expenses since 1997 do to divorce decree. He said he will order me to court if I will not returne the paid child-support back to him. Can I countersue for half the medical expenses
Submitted: 8 years ago.
Category: Family Law
Expert:  Family Expert replied 8 years ago.

First look at the existing court order for support. If it says he pays 1/2 the medical expenses, then he owes you 1/2 the medical expenses. Your Ex does not get to stop paying you child support because the son goes over to stay at his house for a few days or weeks. Any changes in child support have to be done by a court order. So, you win all around here.

All the best,

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Customer: replied 8 years ago.
"The husband and wife shall each pay 50% of the services, hospital care and medicines furnished to the children wich are not covered or reimbursed by any applicable insurance plan, either military (champus) or civilian, provided further that the parent accompanying the chil to such healthcare provider shall notify the other parent prior to incurring such expenses, except that notice shall not be required in a clear emergency."
This is what it state in the divorce decree.
Expert:  Family Expert replied 8 years ago.

ANd if this is what happened, i.e., you did notify him each time before incurring the expense - then he owes you!

All the best,

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