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?
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.
Mat Camp is a former Lexicon Services Online Editor, who focused on providing a comprehensive look into all aspects of the divorce experience. On MensDivorce.com, he concentrated on issues, such as parenting time, custodial rights, mediation, the division of assets, and so much more.
Mr. Camp used the wealth of experience of Cordell & Cordell attorneys to bring tangible answers to reader questions in Ask a Lawyer articles, as well as offer a step by step process through the divorce experience with Cordell & Cordell Co-Founder and Principal Partner Joseph E. Cordell in Divorce 101: A Guide for Men.
Mr. Camp used thorough research to highlight the challenging reality that those who go through divorce or child custody issues face. He helped foster the continued success of the Men’s Divorce Survival Guide, the Men’s Divorce Podcast, and the Men’s Divorce YouTube series “Attorney Bites.”