Statute Of Limitations in NY for Medical Expenses

Discussion in 'Other Family Law Matters' started by 33369, Mar 4, 2012.

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  1. 33369

    33369 New Member

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    Is there a statute of limitations for reimbursement of medical related expenses (i.e., transportation) in New York? My ex incurred travel expense related to my daughters treatment approximately 2.5 yrs ago and just now wants me to reimburse her for my portion (as stipulated in our separation agreement; 60/40 split). My daughter is now 18 and attending university. Does my daughters age factor into this in any way?
     
    Last edited: Mar 4, 2012
  2. army judge

    army judge Super Moderator

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    This has more to do with timeliness of her demand, than the SOL.

    Depending on the amount of the demand, you can choose to pay it, in order to make her go away.

    Or, you can tell her, take you to court and see if the judge backs her play.

    I'm thinking a judge will be more inclined to see her failure to request reimbursement in a timely manner; and see her actions as bullying, spiteful, or mean spirited.

    Either way, tell her to take you to court and convince a judge to see it her way, because you aren't giving her a dime unless a judge orders you to do so.






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  3. 33369

    33369 New Member

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    Thank you for your response, Army Judge.
    As it turns out, we are scheduled to go to court next week for a number of other issues. One of them being I would like to apply deductions for transportation costs for my daughters travel to and from university. It's not in my interest (financially of course) to make an issue of it if she, as she has threatened to do, can make me pay my share for medical transportation costs incurred 2.5 yrs ago. My only thought was that there might be a limitation on when she can seek reimbursment. What would a judge consider a 'timely manner'?
     
  4. Proserpina

    Proserpina Moderator

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    Unless there's an actual time-frame mentioned in your court order/decree, there's no actual guideline.

    Most judges - most reasonable judges - would consider 6 months to a year to be the maximum, reasonable time. In fact - at least locally (and I realize you're not in my state) - 90 days is about the max.

    I would sincerely hope that 2.5 years is NOT seen as a being submitted in a "timely manner".
     
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  5. army judge

    army judge Super Moderator

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    I can't speak for your judge, but 30 months isn't timely in most circumstances. Your judge will see through her immediately, I did!!!


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  6. 33369

    33369 New Member

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    Thank you both. Your feedback has been very helpful. Sometimes, I can get so close that I lose perspective. :blush
     
  7. army judge

    army judge Super Moderator

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    OP, the time to fight bullies is before they throw the first blow.
    But, it's never to late to say no.
    I haven't reviewed your decree, but I'll bet you got screwed.
    That happens, in most cases, when you want the pain to end!
    Just know this, you only are required to obey a judge's order.
    Let that witch give orders to the wall.
    If my daughter was 18, I'd have no reason to communicate with that she-devil.
    I'd have told her, don't contact me, use the court system.
    Your daughter is an adult, so she can see you when she wishes.
    I'd pay only what the court ordered me to pay, and only what the decree mandates.
    Heck, I'd have my lawyer trying to get that outrageous decree modified!!!!
    Hint. Hint. Hint.
     
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