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Financial Issues This forum is for discussing any of the financial issues involved in your divorce.

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  #1 (permalink)  
Old 08-26-2016, 02:34 PM
Join Date: Oct 2011
Posts: 47
Tryingsohard is on a distinguished road
Default Insurance Refund

I am the non-custodial parent and I took my child to get her wisdom teeth pulled out and paid for the procedure. The insurance went through the primary holder which is the stepfather. When I asked for the refund to my ex-wife, I was told that it would not be returned.

The actual recipient is the stepfather so I requested the refund directly to him and he also responded that it would not be returned. So I filed in Small Claims Court. A defence was not filed and I won my judgment.

I receive an email from stepfather and mother stating that I owe them (with interest )over $5K for miscellaneous items I have not paid since 2013 and included various receipts for purchases, enrollment for sports receipts, etc. I ignore as I have received the judgment however they went to court and got a court date for a motion to set aside the judgment. I file an affidavit stating that extraordinary expenses are covered by the Divorce Order and are between myself and the mother, not the stepfather and I. I also refute the expenses and provide receipts for those that I did pay and request the judgment be upheld.

Attend court for the judge to hear the motion to set aside the order and allow the stepfather to present a defence. I'm told because my claim and judgment was filed and obtained electronically that the judge doesn't have copies! He will obtain them then send a decision by the mail!

10 years divorced and still dealing with nonsense!
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Old 08-26-2016, 03:41 PM
Hand of Justice
Join Date: Jan 2013
Location: In the Shadows
Posts: 3,139
Links17 is on a distinguished road

There is a jurisprudence to set aside an order if a defense is not made - something to the effect that everybody has the right to a "full and fair defense".

However they need to prove they were not irresponsible in their lack of a defense.

That's how it works in Quebec, been there, done that

Good for you btw, so many guys just don't bother.
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Old 08-26-2016, 03:48 PM
Join Date: Oct 2011
Posts: 47
Tryingsohard is on a distinguished road

He actually is not presenting a "defence" against my claim but rather a "defendant's claim". In other words, he is saying, you owe me $5K and I want the $2K of the refund deducted and you owe me $3K.

In order to have the judgment set aside and allow him to present a claim he has to have a valid explanation as to why he didn't file within the 20 days and must also have a viable defence. He says I owe him for my children's expenses, I say I have a Divorce Order covering that with my ex-wife and I owe him nothing.

Trust me, not the way I wanted to go but I felt I had no choice.
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Old 08-26-2016, 03:59 PM
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Join Date: Mar 2014
Posts: 2,901
rockscan will become famous soon enough

Did he send you requests to share these expenses? No? Then he paid them voluntarily and he cant claim them. He received an insurance refund for a cost he didnt incur, thats fraud.

Have you also contacted the insurance company to report it?
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  #5 (permalink)  
Old 08-26-2016, 04:23 PM
Join Date: Oct 2011
Posts: 47
Tryingsohard is on a distinguished road

No request or discussion to share expenses. There are various requests, those I denied I provided an explanation for to my ex-wife.
I have not contacted the insurance company as I'm not sure they consider it fraud as he is the plan holder and the cheque could go to no one else but him. I just thought they would say, it's a civil matter, figure it out between you.
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