Kathy Lynn
New
Reged: 07/26/07
Posts: 4
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According to our Marital Settlement Agreement and Custody and Visitation Agreement entered by the court, my ex (79.5%) and I (20.5) have this percentage of split when it comes to any type of out-of-pocket medical/dental coverage on our daughter. I have primary custody of our daughter. I also must pay the first $733.50 per year - which I have paid, plus extra. My daughter had braces put on last year and my ex agreed to pay his portion but hesitated at first, but eventually made 3 months worth of payments of his share of $95.86, but since January of this year and to date he has yet to make his required payments leaving me to pay the full amount. I cannot afford to keep paying the full amount as I recently lost my job. I also cannot afford to pay a $1,500 retainer to any of the local attorneys to take this matter to court. How can I get this matter resolved. I have written numerous letters to my ex and made numerous phone calls, but he refuses to pay his portion. Note: My ex did however, just buy a brand new $20,000 speed boat for his live-in girlfriend but cannot afford to pay his portion of his daughter's dental bill. I need some legal help to get him to pay his fair share. Any legal documents would have to be filed in the Lake County, Gary, Indiana divorce courts. Any assistance you can give me would be greatly appreciated. If someone could send me a draft motion that I can use, I will file it pro se just to get the matter to a hearing, but I have no access to such documents. Any help in this arena would be greatly appreciated as well. Or if someone knows of an attorney who would take this matter and ask the court for my ex to be responsible for the legal bills since he is in violation of the agreement, that would work as well.
Thanks.
Kathy
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chatter box
Platinum
Reged: 11/09/07
Posts: 1315
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Who inforces the childsupport in your state. Have you asked them for help?
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jersey girl
Platinum
Reged: 08/07/06
Posts: 1693
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In IL - the child support enforcement will also enforce medical arrears. Try that.
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KGrow
Platinum
Reged: 01/27/06
Posts: 3153
Loc: Colorado
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Does he give a reason for not fulfilling his commitment?
If you cannot afford to pick up his portion (or yours) now that you're unemployed, you need to talk to the dentist and work out a plan to delay the work and/or payments. You have much more control over that end of things than you do over imploring your ex to meet his commitments.
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Jada
Platinum
Reged: 06/02/07
Posts: 3591
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[quote]Does he give a reason for not fulfilling his commitment?
If you cannot afford to pick up his portion (or yours) now that you're unemployed, you need to talk to the dentist and work out a plan to delay the work and/or payments. You have much more control over that end of things than you do over imploring your ex to meet his commitments. [/quote]
The child support agency will collect the medical expenses. Via garnishment if they have to.
Once orthodontic work is started, it can't be delayed. The braces are already on and have been for some time. Taking them off now isn't going to make what they owe go away.
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Jada
Platinum
Reged: 06/02/07
Posts: 3591
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Contact your local child support agency and see if they collect medical. If they do, submit the bills (along with the court order, which they should already have) to them and let them deal with the collection. You will also need to submit proof that you paid the initial amount that you were supposed to.
You can take your ex to court for contempt and ask that he pays your legal fees since it was his actions that led to contempt. You may or may not get the legal fees.
And, as another poster suggested, contact your doctor and try to work out a payment plan while you find a job and deal with your ex not paying.
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KGrow
Platinum
Reged: 01/27/06
Posts: 3153
Loc: Colorado
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"The child support agency will collect the medical expenses. Via garnishment if they have to."
Be aware that braces are often considered cosmetic and not medical. Collections are difficult enough without this complication.
"Once orthodontic work is started, it can't be delayed. The braces are already on and have been for some time. Taking them off now isn't going to make what they owe go away."
I think this is a question for the dentist, not Jada to answer. I do agree with her last point though.
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Jada
Platinum
Reged: 06/02/07
Posts: 3591
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[quote]"The child support agency will collect the medical expenses. Via garnishment if they have to."
Be aware that braces are often considered cosmetic and not medical. Collections are difficult enough without this complication.
"Once orthodontic work is started, it can't be delayed. The braces are already on and have been for some time. Taking them off now isn't going to make what they owe go away."
I think this is a question for the dentist, not Jada to answer. I do agree with her last point though. [/quote]
Jada had braces growing up. Jada was told that once you started the process, you can't stop it without going through the whole expense again. And it being more difficult to reshape the jaw and teeth when you are older and not growing as much.
BTW, I had braces for more than cosmetic reasons. I had them for MEDICAL reasons.
If it's in the court order and it is for medical (and dental/orthodontic work qualify), the child support agency can collect it in a state that handles medical through the dept that collects child support.
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theanswerguy
Platinum
Reged: 04/12/07
Posts: 2388
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You can contact the Indiana Bureau of CS for enforcement of the medical order . It may take longer than doing it yourself unless you receive some form of public assistance .
If you wish to procede pro se , you can find a contempt motion here :
http://www.in.gov/judiciary/selfservice/forms/contempt.html
Legal aid and pro bono services are usually unavailable for CS cases but here's a listing anyway :
http://www.abanet.org/legalservices/probono/directory/indiana.html
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Never let your sense of morals get in the way of doing what's right. Isaac Asimov
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divorce1
Platinum
Reged: 04/10/07
Posts: 478
Loc: southern state
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couple of notes. Braces can be put on hold for up to one year. You leave them on and as soon as you can pay the ortho starts the adjustments on them again. No extra fee for you pay for the time he is actually doing the work. He will not remove them until he is paid in full. I ahd to put my daughter on hold for 8 months back in 1998.
Another point is that dental is not considered medical unless it is deamed nesscary by a medical doctor. Most papers though will have dental fees written into them along with Medical. Check your papers to see. Even if not it is still up to a judge on how he wants to rule since there is proof that ex had no problem paying his share before. That is in your favor.
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