If your ex won’t help with your child’s medical payments, you may be able to ask a court to order your ex to pay his or her half of the bills.
The first step in getting your ex to pay for his or her share of the medical expenses is to make copies of all the bills and send them to your ex. It’s a good idea to keep a copy of what you sent in case you need it for court later on. You might want to include an itemized cover sheet with a list of each bill, the dates of any medical visits, and total outstanding amounts that need to be paid.
Documentation is key when you are preparing to go back to court regarding a dispute with your ex. If you discuss the bills with your ex, you may want to take notes about what was said during the conversation and jot down the dates and times so you can remember the conversation later. Some states allow recording of a conversation by parties to that conversation, while in other states no recording is allowed. Regardless, you may want to assume that you could be recorded during any conversation with your ex. It’s a good idea not to say anything over the phone or via text you wouldn’t want played back in court later on.
The next step is to file a petition to enforce previous orders or agreements regarding medical payments. If your ex is not abiding by any previous agreements or following the orders of the court, he or she could be held in contempt, which is punishable by fines, jail time or both. It’s a good idea to consider hiring a lawyer to help you draft the paperwork. You can help your lawyer by supplying any documentation that you have regarding medical payments along with any notes you have taken about any conversations you have had with your ex about paying the bills.
After a petition to enforce the medical payments has been filed, your case will be set for a hearing before a judge. To avoid court, your ex may decide to pay his or her share of the bills. If this is not done before the court date, you will be allowed to present evidence before a judge and ask the judge to enter an order requiring your ex to remit payment. Contact The Law Offices of Ann Thomson (Seal Beach family law attorney) today, or call 562-431-4333 to schedule a consultation.