NY small claim to enforce divorce decree?
I have two children, ages 22 and 20. I recently encountered a dispute with my ex when I stopped paying my 22 y/o's dental expenses. To entice me to pay, she has threatened to take me to NY small claims court to place a claim against me for my share of past medical, dental and prescription co-pays for the children that she says she paid on her own in some instances (but never presented to me). Undoubtedly, she has paid for some copays, as I have paid the full share of some of these co-pays too, so I would make a counterclaim. I have tried to stay out of court with this woman, never missing a child support payment, and always paying for any expense presented to me, and in some cases expenses in gray areas. I also did not modify my support order downward when my oldest turned 21. I am particularly incensed by her claim of past prescription co-pays for the children. My ex and I each have our own medical insurance, and prescription plans. I am primary, and my prescription plan is more comprehensive so she uses it for the children. A few years ago, when my ex raised the issue of a prescription copay I researched and determined that she needed to file a form to run the copay back through her medical insurance since both plans were administered by same the insurance company and this was their procedure for processing secondary prescription coverage. I was told this may have reduced or eliminated any co-pay. I presented her the forms for her to submit. My ex said she could not be bothered with the paperwork and elected to pay the co-pays herself. Since then there has never been any mention of back due support or medical co-pays, or any filings with a court of competent jurisdiction on these issues. I have a couple questions: would small claims hear a case like this? How would the court react to someone making a case for a back claim that she never presented before the filing (other then that aforementioned instance). Is This child is already emancipated and my ex threaten to go back 10 years to sift her records of unpaid co-payments. Will the court have any sense of reasonableness here, these claims could have been reduced through insurance or disputed, but that right has been lost with the passage of time due to my ex sandbagging this issue The dental bill is small, I'd pay it to get rid of this nuisance, but I know my ex is like a bully on the block, when I cut child support next year this will resurface like a gun to my head.. she expects to receive support until kids are out of school, age 25. That is not going to happen. Although my separation agreement is very generous with provisions to assist the children with college and related expenses to age 25 or completion of undergrad degree it does not include child support after 21. My ex has separation anxiety form my wallet, Please, share your thoughts.
