When The Ex Isn’t Paying Their Portion For The Divorce Decree

Question

How do I collect on the 50% of my out of pocket medical expenses that I have paid for my children? My divorce decree says that my former spouse and I have to split all medical expenses and insurance premiums 50/50. After looking through the divorce decree again here is what it states: The parties shall share equally any health-related out-of-pocket expenses such as physical, mental, optical, and dental care. I have given my ex-wife copies of all the out-of-pocket expenses, she has not made any effort to make any payment arrangements or even acknowledged that she received the receipts. I have asked her several times via text message when I can expect her portion, she has not responded to me at all.

Answer

You should follow the procedure in your decree. You should submit medical receipts as soon as possible because of the statute, U.C.A. Section 78B-12-212 allows a court to make you pay 100% of the bills that are older than 30 days. Your decree may also have this provision. Most courts will not penalize you if you go past this time unless the bill is years old.

But it is not worth the hassle of fighting this issue in court. If you cannot collect and need to go to court, you need to know that the action for contempt is not necessarily a one-step process. First, you need an order for an amount certain that the other parent has to pay the bills. Since the amount of the bills may be in dispute, you first need a specific order. You cannot generally get contempt on a disputed bill until the court orders payment and then the other parent still does not pay.


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Steve

Steve Christensen

Steve has over twenty-five years of experience as a trial and appellate attorney, thus making him one of the most experienced attorneys in his field in the state. As an attorney, Steve quickly identifies legal issues and focuses his presentation on the strengths of his client’s cases, therefore resulting in his great success as an attorney.

He has handled over 80 trials and other evidentiary hearings before judges. He has settled hundreds of cases before, during, and after a trial. Steve takes pride in relating to his clients while conveying their cases convincingly to juries and judges.

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Steve ChristensenWhen The Ex Isn’t Paying Their Portion For The Divorce Decree