I think it's just wrong !

[stupified]

My ex has filed with the courts a motion to get me to pay back medical bills.
She is trying to get me to pay bills that I have never seen from 1992-present. I belive that this was brought up because I filed a motion to terminate C/S. Which was granted by the judge to stop when my daughter turned 18. Which she did a week after the court date. My ex has never sent me one bill whatsoever since our divorce in 91. I did recive 3 bills recently in which I payed in full. There has got to be some time frame for submitting medical bills to me for payment. Insurance companies require 30 to 90 day's to submitt bills to them for payment or they wont pay them. Should'nt that hold true for myself ? I have heard if the Latches defence Can I use this defence since I have been so unjustfully blindsided by this all of the sudden 13 years worth of medical bills? Somebody inlighten me on my rights please, I think it's just wrong.

[KAT]

What state are you in? Some states (like CA) have clauses that the CP MUST send the bills within 30 days. With other states you will have to try the *laches defense*.

LACHES, DOCTRINE OF - Based on the maxim that equity aids the vigilant and not those who procrastinate regarding their rights; Neglect to assert a right or claim that, together with lapse of time and other circumstances, prejudices an adverse party. Neglecting to do what should or could, have been done to assert a claim or right for an unreasonable and unjustified time causing disadvantage to another.

Have you answered the complaint yet??

KAT

[reagantrooper]

Sounds like a real greedy BITCH. Her "child" support payments end and now she want more of your hard earned $$$. Bull Shite dont pay her a Fing dime towards those bills. If she realy thought you where responsable for them she would have gave them to you as they came in.

Good luck to ya!

Let us know the out come.

[stupified]

   The state is Nevada, and I can't find anything in the statutes that give a timeline for medical bills to be presented to the NCP. I have answered the complant. I don't know the judge seems undecided on how to handle this one. Is there any thing I should put in tomake the judge see my case clearer?

[KAT]

It sounds to me like the judge is giving you some time to come up with case law to support your answer.
KAT

[Ref]

He would be the first one I went to

[cathy]

http://www.divorcesource.com/research/dl/enforcement/95mar49.shtml

Looks like it has happened on occassion (at least as far as child support itself was concerned).   Article does mention a Nevada case - so that may be more helpful as well.

Personally - I agree.  I know when PBFH had custody, she would save up a years worth and hit us.  Of course, the court order said we had 10 days to pay - - - but nothing about how soon SHE was to give us receipts (it would have if my husband had listened to me! :-)

[KAT]

The custodial parent has a FIDUCIARY duty/OBLIGATION as the custodian of the unpaid medical bills to see that they are distributed to the noncustodial parent in a timely manner. Therefore in this case the biomom should be forbidden to obtain an unreasonable advantage at the biofather's expense.
KAT

[cathy]

But it seems that there are at least prior cases where child support was not allowed after a certain period.   So it would seem to follow that medical expenses would not carry even the same obligation as child support.

[KAT]

That's IF they even pay the bills! Mr. KAT's ex has been sued for the past bills but hasn't paid them. Of course she doesn't know that we know this. Ahh, the comtempt of court papers should be here about this time next year. I seriously doubt she's even going to show her moom pie face in court when the response is sent back with attachments. HA! Gives me a great big giggle.
KAT