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LegalGems, Lawyer
Category: Family Law
Satisfied Customers: 10484
Experience:  Experienced Family Law Attorney
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My ex-husband is not paying his share if the medical bills

Customer Question

My ex-husband is not paying his share if the medical bills in our divorce decree he has to pay 27% and my now husband carries the insurance thru his work I gave him copies of the bills and also sent certified letter with the bills attached with his portion it has been 30 days and now he served me papers modifying his child support and visitation
JA: Because family law varies from place to place, can you tell me what state this is in?
Customer: ct
JA: Have you talked to a lawyer yet?
Customer: no but I think I am going to do that just to be safe on the legalities
JA: Anything else you want the lawyer to know before I connect you?
Customer: no just really nervous about the court thing it has been over 8 years since we were divorced
Submitted: 11 months ago.
Category: Family Law
Expert:  LegalGems replied 11 months ago.

Hello! I will be reviewing your question and posting a response momentarily; if you have any follow up questions please respond here. Thanks!

Expert:  LegalGems replied 11 months ago.

I am very sorry to hear this;

fortunately there are ways to get people to comply with a court order. First one can file a "motion to compel" requesting payment of the bills in accordance with the court order, along with attorney fees and costs incurred as a result. Please note that this would be separate from the child support and visitation modification hearing as the judge and other party need notice that this is on the table, so the moving party would need to file a motion. They can request the court clerk put the motion on the same day as the pending hearing.

If the party fails to comply and it is a willful and knowing violation (ie the other party has the means to pay, but chooses not to) the court can order daily fines, attorney fees, even jail time, to encourage payment. The court can also issue a wage garnishment and levy on bank accounts and property.

Furthermore, if there is a modification of child support and visitation, it needs to be based on a change of circumstance (for support, an increase/decrease in income; for visitation a change in the living situation, lifestyle, etc).

Any modification of support, if granted, would be retroactive only to the date the party filed the request, and not before.


Post here please

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all information is legal

information only and

does not constitute

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or a particular course

of action. Thank you.

Expert:  LegalGems replied 11 months ago.

Hello again; just checking in to see how things worked out;
if you have further questions please don't hesitate to reach out to me here on Just Answer.