Q: My ex-wife is refusing to split costs for daycare and agreed medical expenses, as ordered in our parenting plan.
We have a current court ordered parenting plan stating that my ex-wife and I need to split all costs evenly for medical, daycare and all expenses. My ex-wife is the custodial parent and I pay her child support. She has been lying to me about the costs of the daycare and I have been overpaying and she is refusing to reimburse me. She is also refusing to reimburse for medical expenses that we have both agreed upon.
Is there anything that I can do to enforce these orders? Is this something that I can file a Family Access Motion for?
A: A Family Access Motion is only for denials of physical custody and visitation. You should look at a Motion for Contempt or the less expensive Motion For Determination of Sums Due and Owing. The Sums Due Motion basically asks the court to do an accounting of what is owed by each party for support related orders. The Sums due has less remedies and options than a full contempt but likely sufficient if you simply want the money you are owed. It is also faster (in many jurisdictions) than a full Contempt hearing.
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