Welcome to SPARC Forums. Please login or sign up.

Nov 23, 2024, 04:34:27 AM

Login with username, password and session length

Could this be construed as fraud?

Started by Scupper, Aug 23, 2004, 04:59:01 PM

Previous topic - Next topic

Scupper

PBFH and I divorced in late 90's, the CO states we are to split 50/50 all medical expenses pertaing to the children. Every year PBFH takes me back to court stating I owe her for back medical expenditures. 98% of the time the amount owed is less than $40.00

Recently went back yet again, and the judge ordered us to submit all unpaid bills to each other up to July of this year. I submitted mine and she submitted hers a week later.

PBFH submitted printouts from doctors and pharamcy's going back to the birth of the children. We were married the majority of the time she submitted for.

I refused to pay for any amount during which we were married, and any bills which she is comped as she works for the doctor. I have documentation of all bills I have already paid her for.

Jurisdiction is State of Florida

Question:
   1. Could this be construed as fraud on her part?
   

socrateaser

>   1. Could this be construed as fraud on her part?

Fraud is a material misrepresentation of fact, intended to induce actual and justifiable detrimental reliance, and causing harm to another. The bills that you describe materialy misrepresent what you owe, and they are intended to induce actual reliance.

But, if you know that the bills are crap, and you defend yourself in court, then you aren't relying on the bills to your detriment, and the court won't either. So, no fraud.