What is the name of your state (only U.S. law)? WI
Can Estoppel, or rather a Motion for Estoppel, be an offensive motion or must it be a response or counter motion?
No- I am not doing homework, just trying to find the right angle to take.
Background-
EX was always ordered to maintain health insurance on son. Just prior to son moving in with EX, I had son in counseling. I provided the insurance information provided by EX. Apparently, EX received all billing on the matter, I have no idea why I wasn't sent at least a copy. Anyway, these bills are from 2004/5....EX never said a single word about these bills to me.
This summer I incurred medical and dental expenses for son, paid them and immediately provided ex with copies of the bills with proof of payment. Ex never responded. Then his attorney responded with "well you both owe each other money for medical."
I indicated to her that EX had never notified me of getting or paying for any treatment for kiddo...(those bills for when son lived with me I assumed were totally covered by insurance)...I asked for copies of the bills and proof of payment.
I received the requested documents today in the mail. I was very surprised to see they were from 4 years ago and had never been mentioned. So EX is asking for almost 2k worth of reimbursements. I suspect - though it's probably totally irrelevant, that he paid these JUST to be able to lump sum nail me like this.
My state statutes say....
Relief from judgment or order
1 On motion and upon such terms as are just, the court, subject to subs 2 and 3, may relieve a party or legal representative from a judgment, order or stipulation for the following reasons:
(a) mistake, inadvertence, surprise, or excusable neglect
(b) newly discovered evidence which entitles a party to a new trial under (chapter)
(c) fraud, misrepresentation, or other misconduct of an adverse party
yada yada yada
(h) any other reasons justifying relief from the operation of the judgment
The attorney's letter requests a check in her office within 30 days. I'd rather send her a motion since I don't think EX acted in good faith and I think I have a reasonable basis for disputing payment.
Additional thoughts welcome, as always....thank you.
Can Estoppel, or rather a Motion for Estoppel, be an offensive motion or must it be a response or counter motion?
No- I am not doing homework, just trying to find the right angle to take.
Background-
EX was always ordered to maintain health insurance on son. Just prior to son moving in with EX, I had son in counseling. I provided the insurance information provided by EX. Apparently, EX received all billing on the matter, I have no idea why I wasn't sent at least a copy. Anyway, these bills are from 2004/5....EX never said a single word about these bills to me.
This summer I incurred medical and dental expenses for son, paid them and immediately provided ex with copies of the bills with proof of payment. Ex never responded. Then his attorney responded with "well you both owe each other money for medical."
I indicated to her that EX had never notified me of getting or paying for any treatment for kiddo...(those bills for when son lived with me I assumed were totally covered by insurance)...I asked for copies of the bills and proof of payment.
I received the requested documents today in the mail. I was very surprised to see they were from 4 years ago and had never been mentioned. So EX is asking for almost 2k worth of reimbursements. I suspect - though it's probably totally irrelevant, that he paid these JUST to be able to lump sum nail me like this.
My state statutes say....
Relief from judgment or order
1 On motion and upon such terms as are just, the court, subject to subs 2 and 3, may relieve a party or legal representative from a judgment, order or stipulation for the following reasons:
(a) mistake, inadvertence, surprise, or excusable neglect
(b) newly discovered evidence which entitles a party to a new trial under (chapter)
(c) fraud, misrepresentation, or other misconduct of an adverse party
yada yada yada
(h) any other reasons justifying relief from the operation of the judgment
The attorney's letter requests a check in her office within 30 days. I'd rather send her a motion since I don't think EX acted in good faith and I think I have a reasonable basis for disputing payment.
Additional thoughts welcome, as always....thank you.
