Proof of Payment

[this2shallpass]

I am the NCP, and I have a legal question on the wording of my divorce decree it states, ""Each party shall reimburse the other for his/her share of any health care expense within thirty (30) days of being presented with documentation of the expense and proof of payment by the other parent."

My ex has sent copies of the medical statements that are in her name/address and copy of her checks for her % of the dr bills. When I called the medical office to get a copy of the statement three weeks later, they still have not received her payment. When I asked her about why she did not send in the check she told me it was none of my business and to only worry about paying my portion and not hers.

My question are 1) Do I have to pay within 30 days if she has not paid her portion since the bills are in her name and going to her address and I have no proof she actually paid? 2) Is a copy of a check considered a proof of payment? 3) Is the legal wording for proof of payment only pertain to if she pays 100% and is asking for personal reimbursement or is she also required to send me proof of payment if she pays her % directly to the dr office before I pay my %?

Thank for your time.

 

[irish223]

My question are 1) Do I have to pay within 30 days if she has not paid her portion since the bills are in her name and going to her address and I have no proof she actually paid?

I don't know how a judge would rule on it. Your order speaks to reimbursement when one party pays 100%. Ultimately, you will be obligated to pay half, so you can do it now or do it later. Or, you can pay 100% directly to the doctor, get a receipt, and submit it to your ex for reimbursement.

Also, please be aware that if the bills eventually go into collection due to nonpayment, then I believe that your credit, as well as hers, will be affected.

2) Is a copy of a check considered a proof of payment?

If you are reimbursing her for your share, then no, it is not considered proof of payment unless it's a cancelled check.

3) Is the legal wording for proof of payment only pertain to if she pays 100% and is asking for personal reimbursement or is she also required to send me proof of payment if she pays her % directly to the dr office before I pay my %?
"Each party shall reimburse the other for his/her share of any health care expense within thirty (30) days of being presented with documentation of the expense and proof of payment by the other parent."

Proof of payment is required when you reimburse your ex, not the when you pay the doctor directly.

 

[this2shallpass]

Thank you for response. I called my attorney today, and she said she is in contempt of court according to the wording of the document. It does not matter if I am paying her or the doctor. If she is sending me documentation of the expense she has to also send me proof of payment or she is contempt of court.