Q: Can I be compensated by the court for medical bills for children not being paid by father?
The Divorce was in Colorado and the father still lives there. The children and I were allowed to move back to Florida. In our divorce he is to provide medical insurance, and he provides the minimum. He is to pay 64% of medical bills. I am to pay 36%. Our daughter suffers from mental illness and some of the bills can get expensive. I provide him with all information and copies of all bills. I am the one that takes the children to to doctors, so the bills are in my name. He has not been paying, and I am going to be taking him to court. A lot of these medical bills have been sent to collections now, so can I ask to also be compensated for this?
A: You can request payment up to the agreed portion listed in the custody agreement. As for the penalties, interest, and collection fees it depends on the situation. If the nonpayment was due to the father not paying his portion, there is a creditable claim for including this in filing.
A: If the court orders indicate he is to pay a percentage and he is not doing so then, yes, you can ask the court to order him to pay. This holds true for bills even sent to collections. An attorney would need to see your specific orders as to all terms tied into the payment of bills to assess what is the best way to proceed with the court in terms of what type of motion to file. You should also check your orders to see if there is a certain amount of time you are given to provide him a bill. Finally, you will need to have proof that you sent him the bills for which you are seeking reimbursement.
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