Q: What is a reasonable time for one parent to submit receipts/statements to request reimbursement for extraordinary expens
There is an order for reimbursement within 30 days, yet other parent waits up to 1 1/2 years to submit receipts for repayment for child's medical care. What, if any, is an actual and acceptable time frame? Not to mention multiple duplicate statements with no proof of payment or prior conferral.
A: 30 days is a reasonable amount of time, and usually, the other party then has 30 days to either reimburse you or the provider.
A: That sounds like a pain and that the other parent is not being reasonable. The remedy is to request a provision that if receipts are not submitted within a certain period of time that reimbursement is waived.
A:
Hi There!
I am sorry to hear that you are going through this. I know that co-parenting with an ex can be difficult, and the financial relationship that you two now share is oftentimes wrought with strife, frustration, and consternation. Assuming that your Orders (the parenting plan and the related support order) contain somewhat standard language - there is generally an element of notice/conferral/consent to the incurred expense and then there is a period of time after the expense is incurred that the receipt needs to be provided to the other party. That timeframe is generally 30 days. As a matter of rule of thumb, that request is waived if not provided within 30 days. That said, I would waive a flag of caution because family courts are courts of "equity" and can exercise that judicial power and discretion in ways that many do not foresee.
I always think that a practical perspective is important. If you are talking about $50 and the risk is that you end up in front of the Court. To me, no Court action is worth $50. However, if we are talking thousands of dollars, that can be an entirely different circumstance. All of that to say, perspective and discernment are important when making these types of judgment calls. I sincerely wish you only the best as you move forward.
Best,
Christopher N. Little, Esq.
Managing Attorney
CNL Law Firm, PLLC
720-370-2171
www.cnllaw.com
*Please note that while I am an attorney, I am not your attorney and do not represent you or your legal interests. I highly suggest that you consult with a qualified domestic relations attorney prior to making any decisions related to this answer or your question.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
