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  • Extraordinary Expenses in Agreement Question

    I am looking for opinions from experience.

    My Ex-spouse and I have agreed to put orthodontic and medical extraordinary expenses into our emerging Offer to Settle. These expenses are expected to be as high as $20,000 in the next four years.

    The problem is, I have submitted coordination of benefit receipts to her in the past where she submitted the claim to her insurance company and kept my money!

    She refuses to pay upfront then have me give her the receipts.

    Does anyone have experience in how to write an ENFORCEABLE caveat into our agreement where, in the event she keeps the money again, I can have the FRO assist me?

    Any advice would be appreciated. Thanks.

    Ken

  • #2
    My understanding is that you have to incur the expense, the other party refuses to pay, you go to a motion hearing and win, having the amount written into a court order, and then the FRO will enforce.

    You are always behind in collecting. If it is a stable, regular payment like daycare, you could have it written into the order ongoing but I believe you would have to make a strong case for this to happen, showing that non-payment had occured on an ongoing basis.

    Even here, the problem is that by the time you go through this process, the child may be out of daycare. I can't even think of expenses that occur in a stable and regular way for more than a few years. As children age their needs and activities change. A child might play hockey for 8-10 years but different leagues will have vastly different costs.

    The advice I received was to track the amount owed until it reached a point that was worth going to court over. Perhaps others had different experiences.

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