Is my ex responsible for half of medical expenses for our children?

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Is my ex responsible for half of medical expenses for our children?

My ex has been paying for half medical expenses. 3 years ago, he filed bankruptcy. I had compassion for his situation and did not submit medical/dental/eye doctor visits and prescriptions to him. He did pay half of a very large hospital bill last year. However, his situation has changed, and I decided to hold him responsible for the bills that I had not submitted to him for the last three years. He is now, essentially, saying that he is not going to pay me for these bills. Is he responsible, particularly since he has paid these in the past? There is no separation agree.

Asked on September 26, 2011 under Family Law, North Carolina

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

I am a bit confused: are you legally separated or divorced, because it does not really sound as if you are.  And that has to change as soon as possible.  Legally you are both responsible for your children.  What happens in a determination as to custody and support is that a Court could hold you liable for bills on a percentage basis in accordance with your income, just like the support issue as well.  His prior payment of 50% could in fact be looked at by the court as setting a precedent in the matter but really it depends on the court;s interpretation of the law in the cases it has already decided.  You need to go and seek legal help NOW about establishing these issues through the court.  Good luck.


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