North Brunswick, NJ asked in Family Law for New Jersey

Q: Am I in the wrong in asking for medical reimbursement from my ex?

NJ - divorced for 9 years.

Ex moved out of state to florida a year ago- has a new job and new medical insurance that he provides to our only son (15 years old)

Based on our agreement mandated by the court I pay the first $250.00 per year and, anything after that we pay half each.

Orthodontist treatment was a total of $5,000 - his previous job/insurance already paid $650.00 , the remaining balance we both had to pay but he refused even after multiple letters from dentist /orthodontist stating that the treatment was not needed for our son. The orthodontist provided us with a payment plan that I paid on my own iao $136.00 a month plus $700.00 up front in order to begin treatment

For two years up to 11/2021 I paid around $2500.

I made my ex aware and decides to pay the remaining balance but , he had his new insurance pay what they cover for ortho which was $1000. His balance was only $1500.

Do I ask for a reimbursement of $1000 that I over paid?

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1 Lawyer Answer
Richard Diamond
Richard Diamond
Answered
  • Short Hills, NJ
  • Licensed in New Jersey

A: Your agreement called for you to pay the first 250.00 of unreimbursed healthcare costs per year for your son (which includes prescription drugs, doctor co-pays, dentist appointments, etc - not 250 per item per year). You and your ex agree to share the cost of the ortho treatment, and he starts off paying his share and then he moves and stops paying his share. You then pay XXX to the ortho in monthly installments and then his new insurance kicks in pays YYY to the ortho and based on what he / his insurance carrier paid towards the bill, you paid significantly more of the bill. On its face, you have a claim but my suggestion is that you sit down with an experienced family law attorney to review all of the other expenses to see if he owes you additional monies so that you will be in a better position to decide if it makes sense to file the application and incur the expense.

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