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ANDREA,
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Category: Family Law
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Experience:  25 yrs Family Law, Real Estate & Business Law, Criminal Defense, Immigration, Employment Law
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Q about exs DELINQUENT billing for 2 ordered partial reimbursements

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Q about ex's DELINQUENT billing for 2 ordered partial reimbursements ("Uncovered kids medical expenses" & "Child Care"):

I divorced in San Mateo, CA, 7/09, with interesting situation now of 45-90 days of NOT being "billed" or given any "Itemized Statements" for BOTH "Uncovered child medical expenses" (I to pay 1/2) & shared "child care" (max to me $400./m only, she has to pay any more) until just a few days ago when her "sloppy" lawyer forwarded note requesting/demanding full max payment by me NOW & now providing copy of cancelled checks to all providers she used (she paid all herself without telling me from 7/09-10/09), so way over 30 days from her receipt of bills & her payments.

Per CA law & Form FL-192, ex-wife has ONLY 30 days from receipt of kids uncovered medical bills to forward to me. Can I LEGALLY NOT pay and cite law? What about being billed now for 7/09-10/09 "child care", any CA Law mandate her to bill me within 30 days of her being billed or do I pay regardless?

Please see answer in "Answer Box" , Below

 

 

Form FL-192 was drafted to facilitate enforcing Family Code Sections 4062 and 4063;

 

The 30 days specified in the Code Sections and on Form FL - 192 is to encourage the parties to act reasonably, rather than to eliminate the obligation to reimburse or pay.

 

If you want to dispute anything regarding bills submitted to you for reimbursement, including the issue of whether your former wife acted reasonably under California Family Code Section 4062, for payment, you may do so by Motion to the Court, as provided in California Family Code Section 4063(c) and you would have to show that your former wife acted unreasonably. Keep in mind that this section assesses attorneys' fees against the losing party of such a motion. The relevant section reads as follows:

 

 

 

California Family Code Section 4063

 

(c) Either parent may file a noticed motion to enforce an order
issued pursuant to this section. In addition to the court's powers
under Section 290, the court may award filing costs and reasonable
attorney's fees if it finds that either party acted without
reasonable cause regarding his or her obligations pursuant to this
section.

 

_________________________________________________________________________

 

 

 

That is the only way I get paid

 

 

Leaving Positive Feedback, Bonus, etc. is always appreciated

 

______________________________________________________________________________

 

 

Thank you for allowing me to assist you and Good Luck!

 

ANDREA, JD, LLM

Member, NY & PA Bar

Customer: replied 7 years ago.
Dear A, thanks for general info, already known as shared. I'm PRO PER now as prelim support & visitation done for months & "legally" divorced since 7/09.

My Q was can I legally NOT pay now VERY old & delinquent bills (BOTH uncovered medical & CHILDCARE) NOW being forwarded to me (she paid herself 45-90+ days ago) & CITE FL-192 "rule"?? ...she has become very UNREASONABLE & increasingly "tricky" with gross MALICE over the last 6 months...she is increasingly feeling more ENTITLED, doing what she wants & when she wants, & telling my once sweet little kids awful & negativistic things...her 2nd Attorney allowing as long as he gets his $$$$, previously from me, but now all from her very rich daddy as our nice lady Commissioner began "reading" her well...

The FL-192 form seems to mention only "Uncov Med expenses", do bills for "Childcare" also have to be given to me within 30 days???? My ex has DEMONSTRATED many UNREASONABLE actions so far to me & Commissioner, & only increasing.

Do u know CA law well?
Customer: replied 7 years ago.
where is expert, no response all day :(

Your Questions:

 

1. Do I know California law well

2. Are child care bills to be submitted in the same manner and within the same time period as unreimbursed medical expenses

3. Can you legally not pay unreimbursed medical expenses and cite Form FL-192 ":rule"

 

ANSWERS:

 

Answer 1

 

1. I do not profess to know the laws of all 50 states, nor am I presumptuous enough to think I know the laws of all 50 states. However, attorneys are required to take research and writing in law school and this gives us the ability to research any question in any jurisdiction of the world. I do not know of any attorney who is not frequently called upong to research the law outside of his or her jurisdiction.

 

And here, on JustAnswer, we have questions coming from all countries of the world, including Malaysia, Thailand, Australia, etc. I research the questions I am going to answer and the response and information I give are in accordance with the laws of the individual's jurisdiction.

 

Answer 2

 

2. California Family Code Section 4062 includes child care expenses along with unreimbursed medical expenses and it reads as follows:

 

California Family Code Section 4062

 

 

(a) The court shall order the following as additional child
support:


(1) Child care costs related to employment or to reasonably
necessary education or training for employment skills.


(2) The reasonable uninsured health care costs for the children as
provided in Section 4063.


(b) The court may order the following as additional child support:

(1) Costs related to the educational or other special needs of the
children.
(2) Travel expenses for visitation

 

 

California Family Code Section 4063

 

(a) When making an order pursuant to paragraph (2) of
subdivision (a) of Section 4062, the court shall:


(1) Advise each parent, in writing or on the record, of his or her
rights and liabilities, including financial responsibilities.


(2) Include in its order the time period for a parent to reimburse
the other parent for the reimbursing parent's share of the
reasonable additional child support costs subject to the requirements
of this section.

(b) Unless there has been an assignment of rights pursuant to
Section 11477 of the Welfare and Institutions Code, when either
parent accrues or pays costs pursuant to an order under this section,
that parent shall provide the other parent with an itemized
statement of the costs within a reasonable time, but not more than 30
days after accruing the costs. These costs shall then be paid as
follows:


(1) If a parent has already paid all of these costs, that parent
shall provide proof of payment and a request for reimbursement of his
or her court-ordered share to the other parent.


(2) If a parent has paid his or her court-ordered share of the
costs only, that parent shall provide proof of payment to the other
parent, request the other parent to pay the remainder of the costs
directly to the provider, and provide the reimbursing parent with any
necessary information about how to make the payment to the provider.

(3) The other parent shall make the reimbursement or pay the
remaining costs within the time period specified by the court
, or, if
no period is specified, within a reasonable time not to exceed 30
days from notification of the amount due, or according to any payment
schedule set by the health care provider for either parent unless
the parties agree in writing to another payment schedule or the court
finds good cause for setting another payment schedule.


(4) If the reimbursing parent disputes a request for payment, that
parent shall pay the requested amount and thereafter may seek
judicial relief under this section and Section 290. If the
reimbursing parent fails to pay the other parent as required by this
subdivision, the other parent may seek judicial relief under this
section and Section 290.


(c) Either parent may file a noticed motion to enforce an order
issued pursuant to this section. In addition to the court's powers
under Section 290, the court may award filing costs and reasonable
attorney's fees if it finds that either party acted without
reasonable cause regarding his or her obligations pursuant to this
section.

 

 

(g) When ruling on a motion made pursuant to this section, in
order to ensure that the health care needs of the child under this
section are met, the court shall consider all relevant facts,
including, but not limited to, the following:


(1) The geographic access and reasonable availability of necessary
health care for the child which complies with the terms of the
health care insurance coverage paid for by either parent pursuant to
a court order.
(2) The necessity of emergency medical treatment that may have
precluded the use of the health care insurance, or the preferred
health care provider required under the insurance, provided by either
parent pursuant to a court order.
(3) The special medical needs of the child.
(4) The reasonable inability of a parent to pay the full amount of
reimbursement within a 30-day period and the resulting necessity for
a court-ordered payment schedule.

 


Answer 3

 

Your reliance on, as you calledit, "rule" Form FL-192 to refuse payment of your share of unreimbursed medical expenses and child care because she submitted them after 30 days is not valid and you probably would be facing contempt of court proceedings.

 

The 30 days in California Family Code Section 4063(b) was not itended to be punitive in nature and used against the parent incurring the child's medical expenses. And as I pointed out in my first answer, the section requires that you file a motion and it is up to the Judge to determine if the delay was or was not reasonable.

 

I stand by by my answer, but if you wish to pursue that avenue, you should be careful because you will be treading on thin ice.

 

I wish you the best and Good Luck!

 

_________________________________________________________________________

 

 

 

That is the only way I get paid

 

Leaving Positive Feedback, Bonus, etc. is always appreciated

__________________________________________________________________________

 

Thank you for allowing me to assist you and Good Luck!

 

ANDREA, JD, LLM

Member, NY & PA Bar

 

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