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We just received a letter from my husbands ex-wife stating…

We just received a letter...
We just received a letter from my husbands ex-wife stating that he owes $550 to her for medication and CHIP renewal (for their son). According to their divorce/child custody paperwork she is ordered to maintain coverage while he pays extra monthly payments for health insurance. He paid his child support and health insurance payments while she let the coverage lapse. Should we be worried? In the letter she states that if he pays "there will be no further action".
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Answered in 21 minutes by:
3/10/2018
jb156200
jb156200, Lawyer
Category: Family Law
Satisfied Customers: 896
Experience: I am a licensed practicing attorney in Tampa, Florida.
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Hello. My name is ***** ***** I am a licensed attorney. I hope I may be of assistance with your question. Please remember to rate my service at the end of this session. Thank you! First, is there a provision in the child support agreement regarding who is responsible for paying out of pocket medical expenses? Also did the ex wife provide a receipt or proof of any kind of the medication she is wanting reimbursement for?

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Customer reply replied 1 month ago
The out of pocket medical expenses are 50/50. She provided a Walmart receipt.
Customer reply replied 1 month ago
I just looked again and the paperwork states it is 50/50 if the expenses exceed the amount already paid per month ($177).

Ok, you may have an argument regarding the CHIP renewal since it was her fault it lapsed. As far as reimbursement for medication, what the court usually looks for is proof of the expense. Since she has a Walmart receipt, that may be a harder issue to fight. So, let's say your husband reimburses her for the medication but not the CHIP renewal. She would have to file a motion in court requesting the judge to sign an order requiring your husband to pay for the CHIP renewal. Your husband would have an opportunity to tell the judge how she let it lapse and that he did everything that was required by the court.

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Customer reply replied 1 month ago
if the medication would not have cost her anything had she renewed like she was supposed to, would he still have to pay for the medication? I'm struggling with that part since the renewal is clearly her responsibility per the paperwork.

Oh I see what your saying. You definitely have an argument that your husband should not be financially punished for something she let slip through the cracks. The decision you and your husband have to make is whether it is worth it to end up in court. You definitely have a defense; however, it might end up costing more money to go to court.

jb156200
jb156200, Lawyer
Category: Family Law
Satisfied Customers: 896
Experience: I am a licensed practicing attorney in Tampa, Florida.
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Customer reply replied 1 month ago
Thank you. That helps. The letter is not official in any way or on letterhead from a lawyer's office - it is just typed. She tried to sound official but only came off sounding threatening. I appreciate your assistance.

No problem. Please let me know if I may be of help in the future. Thank you!

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Category: Family Law
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