Medical Expenses – Getting the Other Parent to Pay their Fair Share

by Sharon Corsentino

When considering whether to file an enforcement action to collect past due unreimbursed medical expenses from the parent of your child, it is important to have everything in order prior to filing. To enforce orders of the court, you must be very specific about each violation the opposing party has allegedly committed.

The clients who are most successful in obtaining a judgment for the full amount they are claiming are the ones who keep impeccable records. While it is quite a burdensome task, it can definitely pay off in the long run.

My advice to clients is to treat your child’s unreimbursed medical expenses like a business.

  1. Open a separate file for the receipts.
  2. Keep a spreadsheet of when you gave notice of the expense to the other party and whether it was paid.
  3. Keep copies of emails or letters you send to the other party notifying them of the unreimbursed expenses.
  4. If you send a notice letter via U.S. mail and it is returned to you as undeliverable, keep the letter unopened. Make a notation on a sticky note to identify the contents of the letter.

It is also very important that you do not hoard the receipts. Send the receipts to the opposing party in a timely manner using the time frames set out in the order. Do not wait to just send them to the opposing party on an annual, semi-annual, or quarterly basis. You must make certain that you are complying with the terms of the orders so that if the opposing party fails to reimburse you, then you can enforce the order.

Sharon Corsentino is an experienced Collaborative attorney, mediator and litigator at Albin | Harrison | Roach in Plano, Texas. She works primarily in the areas of family law, probate, and estate planning. Sharon helps couples to settle their disputes privately, without involving a judge who could impose decisions on them that do not meet their needs. Sharon’s non-adversarial approach generally results in unique settlements that truly address the interests and concerns of all parties.

Divorce – Rights vs. Results, by Curtis Harrison

People facing divorce usually want to know what their rights are. Who will get the children? How much child support can be expected? Who is responsible for the credit card debt? What happens to the house? The 401(k)? The list of questions goes on and on.

Yet, the core of these questions is not really about rights. Rather, it is fear of an unknown result. This distinction highlights one of the many advantages of the collaborative method of resolving family law issues:  Spouses become the decision-makers instead of a judge.

It is a novel approach, but it is also supremely intuitive. After all, who better to make decisions regarding a divorcing couple’s children and their finances than the spouses themselves? Even through the pain and the other negative emotions that accompany a divorce, divorcing couples can still make better choices for themselves and their children than a judge or jury. This is where the professional team comes in to help guide the couple through an otherwise overwhelming process. And when the question turns to “What are my rights?” the trained collaborative team of lawyers and neutrals will be there to restore the focus to achieving a result that both spouses find acceptable and in their children’s best interests.

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