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This concerns insurance and collegeand insurance support from my ex, who has the ability to pay however won't. |
My son is living with me for the 2nd semester of college.(poor grades 1st sem., he has turned it around) The court decree says my ex should pay a 1/3 of room and board. She has send nothing. She should also provide 1/2 of the money for car insurance and the first $250 for health costs. Nothing. If it is a court order, contact the judges office that made the ruling. They could order a follow-up hearing and hold her in contempt if she has violated the decree. Small claims court is the best way to go. If there is a court order for her to pay, try to get her wages garnished in small claims court. You probably want an enforcement order (very common) to enforce the support order. If the court is convinced that you tried to collect diligently enough (as opposed to surprising her with this order), it might be willing to award attorney's fees. If you think you can win, you can have it where she has to pay up, AND pay your atty costs... If it is alot of money you are out, I would say go for it... at least talk with your atty, tell them what you are thinking, and also tell them that because she is not paying you cannot really afford to dish out for fees and can they be included in her paying in what she owes... If you do it, I would go for an order of garnishment... Your son is an adult - why is his mother responsible for anything? Well, the only way the divorce decree can be enforced is in the court room. So, I guess if it is important enough for you, you'll get a lawyer..... You need to file a motion in family court - the same court that ordered that she pay. It's called a motion to enforce litigants rights - you can file pro se - that means without a lawyer or file with one and try to motion for her to pay your attorney cost because you are seeking her to pay her court ordered obligation. |
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