Q: My divorce agreement states (in regard to unreimbursed medical) that I am to pay all unreimbursed medical until 9/1/14.
After 9/1/14 the unreimbursed should be split in a pro rata basis based on respective incomes. All other monetary issues are based on 80/20 split. Since my ex does not work and has no income does that mean she is not responsible for her 20% pro rata share?
A: It really depends on why she is not working. If there is no impediment to her not working, she would be imputed an income based on her work history, education, training, etc. and that is the number which would be used for the pro-rata share for unreimbursed medical. You may have already done this somewhat by using the 20% for the other expenses, so that may be the number to use for medical, as well. It's hard to say more without more details and without looking at your divorce agreement. To get more clarification on this, or if you need more legal assistance if she is refusing to contribute, you should make an attorney consultation appointment to clarify your rights.
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A: Unless there is a Court Order changing her obligation and she has a legitimate reason not to work, then she is still obligated to work.
A:
Thank you for your question.
If there was an agreement at the time of the divorce, the agreement will dictate how these expenses should be paid. Unless there was some substantial change in circumstances relating to the income of each of you, the agreement will likely be enforced. Based on your circumstances, I suggest contacting an experienced family law attorney to address your specific concerns.
I hope this information was helpful to you.
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