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I am an attorney consulting a friend on filing a Motion to…

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I am an attorney consulting...
I am an attorney consulting a friend on filing a Motion to Modify Temporary Orders in Bexar County. Respondent (Dad-friend) agreed to pay temporary support of $1700/month (2x prior amount) and Petitioner (Mom) agreed to pay old medical bills in full. She has not complied and refuses to pay any medical bills incurred since the agreement to the tune of thousands of dollars. Dad is interested in vacating/modifying temporary orders (Mom has received over $10K in additional child support) back to original amounts (or less) due to her failure to comply and/or use the money to pay medical bills for child.
Submitted: 2 years ago.Category: Family Law
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5/25/2015
Family Lawyer: FamilyAnswer, Lawyer replied 2 years ago
FamilyAnswer
FamilyAnswer, Lawyer
Category: Family Law
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Experience: 10 + years of handling Family Law, Divorce, Child Custody and Child Support cases
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Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help solve your problem.
Good afternoon. Can you share with me why she refuses to pay?
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Customer reply replied 2 years ago
Because she doesn't want to. She is willfully unemployed and has been for 12 years since the divorce. She lives on child support.
Family Lawyer: FamilyAnswer, Lawyer replied 2 years ago
Thank you for the additional information. If a court order is in place, signed by the Judge, then it has legal effect. As such, all parties are required to comply and if she agreed and was ordered to pay these medical bills in full and she has not, the other party can take her back to court and seek to hold her in contempt and ask the Judge to enforce the order. He can argue that he has paid her the support as required and a portion of it should have been used to pay these bills in full. As such, the Judge can compel her to do so or he could ask to reduce or offset the amount of support paid to her personally and pay down these bills directly. Child support is based upon the needs of the children so the Judge may not modify what he is paying if there is a basis for it. However, if the amount was higher for her to pay off these bills and she has not, he has grounds to also ask for it to be reduced.
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