Question:

My ex is seeking reimbursement for medical expenses from nine years ago. Our decree clearly states she is to notify me when our children go to the doctor or emergency room, but she has never done so.

Since she has never mentioned these bills until now, is there a statute of limitations on her claim?

Answer:

In many states, the requirement to share a proportion of your children’s unreimbursed medical expenses is a common provision in child support orders and/or Final Decrees of Divorce.

Some provisions are very detailed and set forth a procedure for parents to submit any unreimbursed medical expenses, and in Virginia where I practice, there is a definition of what type of expenses qualify under this provision.

If your ex-wife is seeking reimbursement of medical expenses for the past 9 years, she will need to be able to provide proof of the expense(s), proof of what she has paid so far (if anything) and proof that the expenses qualify for reimbursement under the terms of your decree.

Statutes of limitations vary for each state. In Virginia, child support payments have a 20-year statute of limitation, but since medical expenses are not definite and do not have a fixed date that they become due, there is a good argument that there is no statute of limitations for unreimbursed medical expenses — at least under Virginia law.

You should speak to an attorney in your state to determine what the statute of limitations may be on this issue.

Remember, I am unable to provide you with anything more than tips on your situation, so please consult a domestic litigation attorney in your area to obtain specific advice as to the laws in your state and how they impact your potential case.

To arrange an initial consultation to discuss divorce rights for men with a Cordell & Cordell attorney in Virginia, contact Cordell & Cordell.