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lwpat, Lawyer
Category: Family Law
Satisfied Customers: 25387
Experience:  Practicing family law attorney
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My husband and I live in Oklahoma. He has previously been married.

Customer Question

My husband and I live in Oklahoma. He has previously been married. He has 4 minor children he pays child support on. He was recently given papers from the payroll department of his employer letting him know that he would be garnished effective the next pay period for medical bills in both his and his ex wife's name, for the medical expenses incurred while giving birth to their youngest child, who was born premature. Due to the number of children my husband has he could not afford to be garnished for this medical bill as well as pay his child support. So after the first garnishment we made an offer to the hospital/hospital's attorney to settle the account for a total of $4500 which included the first garnishment out of his payroll check. I paid the balance after the garnishment in the amount of $4132.56. My question is, can I sue my husband's ex in small claims for the amount she was ordered to pay per their divorce decree (50%) that I paid out of my checking account?
Submitted: 8 years ago.
Category: Family Law
Expert:  lwpat replied 8 years ago.
You can't sue. It was his debt. He can take her back to the family court to enforce the order with a rule to show cause.
Customer: replied 8 years ago.

It was both his and her debt. I have the copies showing the debts to be in both his and her name. It was not his debt alone.


What do you mean "a rule to show cause"?

Expert:  lwpat replied 8 years ago.
I understand. You asked "can I sue my husband's ex" and that answer is no. He can take her back to court but he is stuck with whatever the court orders. There is nothing you can do about the bias of a judge.
Customer: replied 8 years ago.
If the judge ordered in the final divorce decree that both parties are responsible for the debt they incurred in their name prior to the date of seperation, is it possible that the judge could decide that she won't hold his ex wife to that order? You said he is "stuck" with whatever the court decides, does that mean he cannot appeal that decision?
Expert:  lwpat replied 8 years ago.
He can appeal but that will not be worth the expense for 2250. The judge will uphold the order but she can claim offsets for bills she has paid. However, she will have to provide proof.
Customer: replied 8 years ago.
OK thank you, XXXXX XXXXX actually more than that just the $2250. He over paid $5000+ in daycare. She was ordered in the decree to notify him as well as CSES that the kids had stop attending daycare and she chose not to do that for almost 2 years and the money was being garnished directly out of his check and mailed to her. Plus we paid another $1000 in medical bills for the other children that is in both of their names as well. So in all she owes us about $10000+. But we will probably get screwed out of it. Thanks for all your help.
Expert:  lwpat replied 8 years ago.

He needs to make a demand for payment in writing certified mail. Give her 30 days to respond with a repayment plan. If she does not reply, file the rule to show cause.


If I ahve answered your question, an accept and positive feedback would be appreciated. Thanks!!!!

lwpat and 2 other Family Law Specialists are ready to help you
Customer: replied 8 years ago.
We will do that. Sounds great! I really appreciate all your help. Now if I have a legal question in the future, can I request you to answer it? Thanks again. Have a great day!
Expert:  lwpat replied 8 years ago.
Sure. That would be appreciated. Just put "for lwpat" in the subject line. Thanks for the accept and hope it works out for you. You can go to the court and ask the clerk to print out a similar rule to show cause that you can use as a guide. Most of them will help you but there are some that won't.