How do I collect past medical expenses for my daughter that is now 18 from my ex husband.

Question

These expenses occurred before she turned 18. Our divorce decree stated that he pay for 50% of not covered medical expenses.  I am still receiving past support payments. What are my options for collecting this money?

Tristan Kenyon Schultz · Answer

You may want to contact an attorney for help, but self-help is also an option. As a general rule, expenses incurred while a child is a minor are usually shared between the parents. You have added strength to your claim because your separation agreement expressly states that your ex must pay 50%. First contact your ex and seek payment; if this fails you will need to file suit to enforce the separation agreement.

Stephen J. Plog · Answer

You have a couple of options available to you.  You could proceed with a contempt of court action, which entails showing the court he violated orders and asking for various remedies, which can include an order for immediate payment, attorney fees, etc.   With contempt of court there is also the threat of jail, which can also be a strong motivator.  On the down side, contempt can be a drawn out process, which could take several months.    You might also consider filing a motion asking the court to enter the amount he owes you as a judgment.  Once judgment is entered you could garnish wages or bank accounts.  In either scenario you will need proof of the expenses and proof that you provided him copies.   A spreadsheet provided to him, or merely telling him about the expense will not be enough.

Q: How do I collect past medical expenses for my daughter that is now 18 from my ex husband.