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Dave Kennett
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i pay court ordered child support for one child. now my ex

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i pay court ordered child support for one child. now my ex wife is sueing me for 7 years of unpaid medical bills that were not giving to me until now. she is basing the suit on the sepration agreement that said i am responsible for half of all child medical expensces. she had 10 days to give me the bills and i have 30 days to pay them. now after 8 years she is sending me copy of doctor bills.we both have remarried been divorced for 7 years. seperation agreement was not incorported into divorce agreement. what are my rights. do i have to pay this now after all these years. I carry my childs health insurance which is required but i also have dental and vision insurance which is not required. we both live in brunswick county nc
Submitted: 2 years ago via ChildSupportLaws.
Category: Family Law
Expert:  Dave Kennett replied 2 years ago.

-Could you explain your situation a little more?
Are you saying that the divorce decree does not include or incorporate the separation agreement?

Was the separation agreement signed before or after the divorce?

It the 10 day notice requirement written into the separation agreement?

Customer: replied 2 years ago.

Are you saying that the divorce decree does not include or incorporate the separation agreement


 


yes that is what i am saying


Was the separation agreement signed before or after the divorce?


 


before


It the 10 day notice requirement written into the separation agreement?


yes it is


 


 


 


 

Expert:  Dave Kennett replied 2 years ago.
Dear JACUSTOMER - Since there is no mention in the divorce decree of the separation agreement you can argue that it is not an enforceable agreement. This has to be some technical mistake on the part of the attorney who wrote the decree or by the judge who issued the decree since it is routine that all divorce decrees will incorporate by reference any prior separation agreement. Based on that it is possible that the court will rule that this was a technical or typographical error and rule that the agreement should be included. Family law courts are courts of equity meaning they can make changes base on a theory of equity and fairness to the parties. If that happens, which I think it will, then your argument has to be based on the "10 day" rule of giving notice and that 7 or 8 years later is well beyond the 10 days. Once again, had the notice been given slightly after the 10 days had expired then it would be my opinion that the court would say that based on equity it was within a reasonable time. While I can never predict what any court will rule it is my opinion that you have a viable defense to the claim for these expenses. As for the extra insurance you provide, that will be considered the same as a gift and have no bearing on the court's decision.
Dave Kennett, Lawyer
Category: Family Law
Satisfied Customers: 27687
Experience: 25 years experience as practicing attorney
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