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Alex J. Esq.
Alex J. Esq., Attorney at Law
Category: Family Law
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Experience:  Licensed experienced Attorney
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My ex is a millionaire due to an inheritance. She has been

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My ex is a millionaire due to an inheritance. She has been really jealous since I remarried and has constantly made things difficult and has told me that she wants to see me with nothing for the rest of my life. Therefore she is using all her money to find ways to battle me. She purposely will wait to refill prescriptions for my daughter until the new year, and subsequently new deductibles have to be met so that there will be a bigger chunk coming out of my pocket. Because I disputed this with her, she is saying that she is refusing to send me anymore bills and will just keep track of the amount I owe and when she gets a big enough sum then she will get a judgment against me and have my wages garnished for the amount and maybe even be able to get interest on top of it. Can she do this legally? Can she withhold the information of how much I owe for as long as she wants and then just get a judgment and have my wages garnished, even though she never provided me with a copy of the receipts or even so much as informed me of what my half would be?
Hello. My name is XXXXX XXXXX I will be happy to answer your question.

I am sorry to hear about this unfortunate situation.

Does your divorce decree / child custody order addresses this issue of medical bills for your child and how they are to be paid?
Customer: replied 3 years ago.

It says "Each party shall pay on-half of all reasonable unreimbursed medical, dental, optical, orthodontic expenses and other health related expenses including co-payments and deductibles under the current insurance plan. Each party will cooperate with one another in processing necessary insurance payments and, when a payment is due from one party to the other, it shall be made within thirty (30) days of demand."

Dear Ray,

Thank you for your follow up.

Are you behind on any of this medical payments that are owed to the mother or on any child support at this time?
Customer: replied 3 years ago.

I am not behind on any child support. She has been withholding the medical from me now since May 2013. There were a couple of bills prior to May that I disputed, such as the example I gave you of how she waiting until the beginning of the year to refill the prescription so that I would have to meet half of the deductible again. This particular medicine is the Epi-pens for anaphylaxis and the Epi-pens had expired in December and she waiting to refill them until February which put my childs life in danger and instead of costing me $17.50, it was now going to cost me over $200. Everything else has been paid.

Dear Ray,

Thank you for your follow up.

Basically, according to the limited facts you have provided, the mother would have to provide a demand upon any outstanding medical expense that is due and provide you with it and you would have 30 days to either pay for it or dispute it, however if you are disputing any of the demands, you would have to resolve such disputes in court, if you cannot come to a resolution with your ex.

Unfortunately, generally if such issue is disputed in court, in most cases prevailing party would be able to also collect their attorney's fees and court costs from the losing party, so in most cases it simply doesn't pay to take small minor disputes to court, as it can potentially cost thousands of dollars to have the court rule on a small amount in dispute.

I wish you the best of luck and please let me know if you have any related follow up questions.
Customer: replied 3 years ago.

So in other words she can continue to tally up expenses and wait say 2 years from now and have say $5000 by that time if not more and then all she has to do is make a demand for payment and I have to come up with that amount within 30 days of the demand?

Dear Ray,

Thank you for your follow up.

The mother would have to provide you with a reasonable and timely demand in writing and she can't just "tally up" many different bills and then present them all at once and if that happens, such issue can be contested in court based on untimely notice and demand, which is contrary to the child custody agreement and public policy.

I wish you the best of luck!
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