Our child custody agreements call for me to reimburse my ex-wife for 50% of the children’s medical expenses. The caveat is she has to provide those invoices to me within 30 days.
However, she has been holding on to the bills for upwards of 6 months and then dumps them on me all at once demanding payments be made within 30 days.
Do I have to pay 50% of all invoices regardless of how long she takes to send them to me, which is in direct violation of our agreement that I must receive all medical bills within 30 days?
This answer only includes general divorce help for men since I am only licensed to practice in Colorado and am thus unable to provide any legal advice on divorce.
Depending on how your agreement reads and the laws in your jurisdiction, you may be able to argue with regards to the payment that she has, in essence, waived the right to request payment.
The concern however is that her lack of diligence is not the children’s fault, and therefore a court could, notwithstanding you agreement, still order that the payment be made as it goes to benefit the children.
With regards to agreements dealing with children, the court generally retains jurisdiction over the matter. So even if the parties agree to something, the court is still going to determine what the best interests of the children are, which could be that there is a duty of each parent to support regardless of the lack of diligence by one.
Since this has been a pattern of action by the opposing party, you may be able to file a motion to enforce your agreement, and get an order of the court that states if she does not produce the bills within 30 days, then you do not have to pay them.
Cordell & Cordell has men’s divorce lawyers located nationwide.