How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask lwpat Your Own Question

lwpat
lwpat, Lawyer
Category: Family Law
Satisfied Customers: 25384
Experience:  Practicing family law attorney
Type Your Family Law Question Here...
lwpat is online now
A new question is answered every 9 seconds

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: 5 years ago.
Category: Family Law
Expert:  lwpat replied 5 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 5 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 5 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 5 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 5 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 5 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 5 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, Lawyer
Category: Family Law
Satisfied Customers: 25384
Experience: Practicing family law attorney
lwpat and 11 other Family Law Specialists are ready to help you
Customer: replied 5 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 5 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.

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it. Lee Michigan
< Last | Next >
  • Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it. Lee Michigan
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
 
 
 

Meet The Experts:

 
 
 
  • Ely

    Counselor at Law

    Satisfied Customers:

    8085
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
< Last | Next >
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    8085
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • http://ww2.justanswer.com/uploads/LA/LawTalk/2012-6-6_17379_LawTalk.64x64.JPG LawTalk's Avatar

    LawTalk

    Attorney and Counselor at Law

    Satisfied Customers:

    6424
    27+ years legal experience. I remain current in Family Law through regular continuing education.
  • http://ww2.justanswer.com/uploads/FL/FLAandNYLawyer/2012-1-27_14349_3Fotolia25855429M.64x64.jpg FiveStarLaw's Avatar

    FiveStarLaw

    Lawyer

    Satisfied Customers:

    6336
    25 years of experience helping people like you.
  • http://ww2.justanswer.com/uploads/dkaplun/2009-05-17_173121_headshot_1_2.jpg Dimitry K., Esq.'s Avatar

    Dimitry K., Esq.

    Attorney

    Satisfied Customers:

    5987
    I provide family and divorce law advice to my clients in my firm.
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    5773
    JD, 15 years legal experience including family law
  • http://ww2.justanswer.com/uploads/BrianTMayer/2010-01-06_200119_BM.jpg Brandon M.'s Avatar

    Brandon M.

    Family Law Attorney

    Satisfied Customers:

    3810
    Attorney experienced in all aspects of family law
  • http://ww2.justanswer.com/uploads/TU/TUSA/2012-6-6_55219_test.64x64.png Thoreau (T-USA)'s Avatar

    Thoreau (T-USA)

    Lawyer

    Satisfied Customers:

    2634
    Attorney