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I have another question regarding the proper procedure for…

Hi again, I have another question...
Hi again,
I have another question regarding the proper procedure for collecting unpaid shared expenses. My original parenting plan was finalized Feb 23, 2008 and I think the laws have changed, so I don't know if I am able to enforce my childrens' father's payment of his share of medical, educational, sports, clothing expenses.. The wording in my parenting plan is as follows:"Reason for Deviation From Standard Calculation
The child support amount ordered in paragraph 3.5 deviates from the standard calculation for the following reasons:
The children spend a significant amount of time with the parent who is obligated to make a support transfer payment. The deviation does not result in insufficient funds in the receiving parent's household to meet the basic needs of the children. The children do not receive public assistance.
The factual basis for these reasons is as follows: The parents share custody equally, the obligee earns more than the oblior, and the obligor will reimburse the obligee for his proportionate share of daycare/preschool, agreed upon extracurricular activities and health insurance premiums."My concern is that it only specifies health insurance premiums whereas now (I had it changed January 18, 2017 because I now have full custody) parenting plans state that all uninsured medical costs need to be shared. According to our original plan his proportionate share was 42.4% and mine was 58.5%.I have only kept records since 2014 but have a spreadsheet detailing all medical, educational, extracurricular, and clothing expenses that I have paid for in full while he did not contribute.I cannot seem to find any forms online in order to start the enforcement process (only contempt and I do not think that should be my first approach). I asked DCS for help, but they said they cannot enforce it unless it is a set, dollar amount.
Thanks for any guidance.
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Answered in 19 minutes by:
3/17/2017
FamilyAttorney
Category: Family Law
Satisfied Customers: 1,552
Experience: Owner, attorney in private practice, appellate attorney, GAL & former trial lawyer, licensed for 38 years
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Hello and thanks for using Just Answer. I’m a licensed attorney with 37 years’ extensive experience in family law, trials, appeals, landlord-tenant, and other types of law.

This is general information and not legal advice. No specific course of action is proposed, and no attorney-client relationship is formed. This is for educational purposes only.

Also, I’d like to review your question for a minute and type your answer. If I am not here for a few minutes, that means I am typing your answer. THIS IS NOT YOUR ANSWER YET so please allow me to type it up for you. Thanks!

Hi and thanks for asking for me -- I meant to ask you, do you have an attorney or are you going to be doing this yourself?

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Customer reply replied 1 year ago
I will be doing it by myself
Customer reply replied 1 year ago
take your time. Thanks

I'll presume you're going to be doing this yourself. This is going to be difficult because as you may know DCS will enforce only current orders, and I couldn't find a form either for enforcement of child support in court. Attorneys do motions and petitions from scratch, so it's likely a lawyer would draft this for you in his/her office and not use any particular form. I do everything from scratch. In your state, it looks like some forms have to be used but there isn't anything for this one that I can find either.

In a contempt case, you'd have to file a motion. It's usually done in an existing case in your state, but if you can file a motion for contempt, then you should be able to file a motion for enforcement. I checked several sites and did not see one and that's probably because DCS is there to do enforcement.

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Customer reply replied 1 year ago
That makes sense. What do you think about the wording (specifically what it states will be shared expenses)?

The problem here is that again, even the contempt has to be filed in an existing case but it doesn't say existing order. It probably can be done on an old order, which means you may be able to enforce an old order in court by motion. I know in my state we have violation petitions and enforcement petitions, so that's how we do it, but I don't see that here. I have checked, that's why I took so long, and I don't see what you want. I would suggest that you try to make a motion for this and if the judge dismisses it, he/she may tell you to take it to small claims.

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Customer reply replied 1 year ago
You didn't take long at all and I really appreciate the information.
Thank you

Sure, no problem. Do you want me to still review the wording?

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Customer reply replied 1 year ago
Well, I just did it odd that it would only state preschool/daycare, health insurance PREMIUMS and extracurricular activities. Doesn't that seem sparse and unusual? (Of course, at the time I didn't care to look at it. I just wanted him to go away. Lesson learned!)

Just let me know if you want additional information. We do document preparation here for an extra fee, but you can always let me know if you need that.

Where are the children staying primarily?

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Customer reply replied 1 year ago
I guess I'm just wondering if you think that would really hinder my ability to get reimbursement for all uninsured medical expenses and education costs.
The children live with me full time now and do not see him at all. We now have a set amount if child support so it isn't an issue.

If this was a result of a divorce, then there could be a lot of additional add-ons, such as life insurance, camp, and any unsual expenses that are not covered.

Okay thanks.

One parenting plan doesn't necessarily get rid of another parenting plans' terms. That is, they are each individual parenting plans, contracts really, agreements, and each should be able to be enforced, like a contract, separately, so I don't think one will preclude the others from being enforced. The issue is, the judge will want to know why you didn't bring it sooner, that's all. It's not a current order -- your old parenting plan -- so that would be the challenge here, but I'd still try for it.

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Oh and yes, instead of insurance premiums, it should also say unreimbursed medical expenses and dental expenses.

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Yes, I do think it is sparse. I hope you can do something about amending it.

Please let me know if there’s anything else I can help you with. I’m happy to do so! I’m here most of the time so you can always come back and talk to me (no extra charge) after I’m rated. If I’m not here, I will get an email if you leave me a question.

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Best of luck to you! Thank you for allowing me to help you tonight!

FamilyAttorney
Category: Family Law
Satisfied Customers: 1,552
Experience: Owner, attorney in private practice, appellate attorney, GAL & former trial lawyer, licensed for 38 years
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Thank you! Much appreciated. Good luck!

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