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Filing contempt order?

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Rodriquez

Junior Member
What is the name of your state (only U.S. law)? Nebraska

My ex and I were divorced 8 years ago. In our divorce decree he was ordered to pay for her medical insurance and split what isn't covered 50/50. It stated that if his job didn't offer insurance he needed to obtain an individual plan for her. At the time I was self employed so my daughter qualified for State insurance. Three years ago I got a full time job and my daughter no longer qualified for state insurance so I told my ex that she needed insurance. He told me he couldn't do it. she can't go without so I put her on my plan. Now this year our company's insurance premium went up dramatically and we now have a 3500 deductible. I told him that's he's going to need to help out now, and he said no. Do I have any right to file contempt papers? If I do file it is it worth it? He tells me that if I file I will get my child support lowered cause he doesn't make as much as he did when we divorced. I am not sure how this works.
 


Ohiogal

Queen Bee
What is the name of your state (only U.S. law)? Nebraska

My ex and I were divorced 8 years ago. In our divorce decree he was ordered to pay for her medical insurance and split what isn't covered 50/50. It stated that if his job didn't offer insurance he needed to obtain an individual plan for her. At the time I was self employed so my daughter qualified for State insurance. Three years ago I got a full time job and my daughter no longer qualified for state insurance so I told my ex that she needed insurance. He told me he couldn't do it. she can't go without so I put her on my plan. Now this year our company's insurance premium went up dramatically and we now have a 3500 deductible. I told him that's he's going to need to help out now, and he said no. Do I have any right to file contempt papers? If I do file it is it worth it? He tells me that if I file I will get my child support lowered cause he doesn't make as much as he did when we divorced. I am not sure how this works.
Contempt for what? How much out of pocket have you paid that he has not covered 50/50 after you sent you copies of the BILLS (and not copies of the EOBs or just letting him know about the appointments)? Also, if insurance is NOT available at a reasonable cost to him then quite frankly the court is NOT going to make him provide it. And yes, his child support payment could possibly be lowered if he doesn't make as much as he did then and it was not a voluntary deduction.
 

Rodriquez

Junior Member
Contempt for what? How much out of pocket have you paid that he has not covered 50/50 after you sent you copies of the BILLS (and not copies of the EOBs or just letting him know about the appointments)? Also, if insurance is NOT available at a reasonable cost to him then quite frankly the court is NOT going to make him provide it. And yes, his child support payment could possibly be lowered if he doesn't make as much as he did then and it was not a voluntary deduction.
Contempt for not covering her insurance or paying his 50%. I am more concerned with him paying the 50% as I have been covering her premiums for a while now. I don’t really know what filing contempt will accomplish, from what I understand the judge could put him in jail or take his license. I don’t want either of these to happen we have a half way decent relationship now and I don’t want that to change for our daughters sake. I just want him to help with his half.

As far as what I have paid out of pocket. From the appointment the other day after insurance the bill was $257.00. I had pay the amount in full before the services could be rendered. Yesterday day and showed him the receipt and the bill from the office. I even asked him if he wanted to meet me at the office the day of her surgery and we could just split it there that way he knew I wasn’t trying to get one over on him. The rest of the dental work that she is going to need is close to $1000.00. That is why I am asking for help now and I never have before. He told me to ask my job if I could get a pay cut so I would qualify for state help so he wouldn’t have to pay it.

I don’t really want to take this to the courts, but I don’t know how else to approach this with him. I don’t ever ask him for extra money, but my money is tight right now and just need a little help with her bills. If you have any other suggestions please let me know. I am open to any and all suggestions
 

LdiJ

Senior Member
Contempt for not covering her insurance or paying his 50%. I am more concerned with him paying the 50% as I have been covering her premiums for a while now. I don’t really know what filing contempt will accomplish, from what I understand the judge could put him in jail or take his license. I don’t want either of these to happen we have a half way decent relationship now and I don’t want that to change for our daughters sake. I just want him to help with his half.

As far as what I have paid out of pocket. From the appointment the other day after insurance the bill was $257.00. I had pay the amount in full before the services could be rendered. Yesterday day and showed him the receipt and the bill from the office. I even asked him if he wanted to meet me at the office the day of her surgery and we could just split it there that way he knew I wasn’t trying to get one over on him. The rest of the dental work that she is going to need is close to $1000.00. That is why I am asking for help now and I never have before. He told me to ask my job if I could get a pay cut so I would qualify for state help so he wouldn’t have to pay it.

I don’t really want to take this to the courts, but I don’t know how else to approach this with him. I don’t ever ask him for extra money, but my money is tight right now and just need a little help with her bills. If you have any other suggestions please let me know. I am open to any and all suggestions
You really don't have any choice but to take him to court for contempt for non-payment of his share of unreimbursed medical expenses.

Also, if he does file to modify child support (which would be a separate action) the Nebraska guidelines call for the parent providing health insurance to get credit for that in the calculation. That means that he probably got credit for it in your original calculation, and you did not. Therefore, since you are paying it now, and he is not, then he won't get credit for it, you will, and therefore even if his income is lower, child support might very well stay to same or even increase.
 
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Ladyback1

Senior Member
Contempt for not covering her insurance or paying his 50%. I am more concerned with him paying the 50% as I have been covering her premiums for a while now. I don’t really know what filing contempt will accomplish, from what I understand the judge could put him in jail or take his license. I don’t want either of these to happen we have a half way decent relationship now and I don’t want that to change for our daughters sake. I just want him to help with his half.

As far as what I have paid out of pocket. From the appointment the other day after insurance the bill was $257.00. I had pay the amount in full before the services could be rendered. Yesterday day and showed him the receipt and the bill from the office. I even asked him if he wanted to meet me at the office the day of her surgery and we could just split it there that way he knew I wasn’t trying to get one over on him. The rest of the dental work that she is going to need is close to $1000.00. That is why I am asking for help now and I never have before. He told me to ask my job if I could get a pay cut so I would qualify for state help so he wouldn’t have to pay it.

I don’t really want to take this to the courts, but I don’t know how else to approach this with him. I don’t ever ask him for extra money, but my money is tight right now and just need a little help with her bills. If you have any other suggestions please let me know. I am open to any and all suggestions
Send him a letter, registered certified mail, w/ a copy of the receipt and asking for 1/2 of what you paid.
He has to have a reasonable amt of time to comply w/ your request.
He cannot be found in contempt based on his comment that he isn't going to pay. He actually has to NOT pay in a reasonable amt. of time. I set the reasonable time in my circumstances as 30 days.

I just filed for contempt for over 3 years of non-payment. I had to fill out the motion, since I am pro se. And I had all the documentation showing where he hasn't complied with the court orders. The judge reviewed before setting a "show cause" hearing. The amount he owes is about $450 (I didn't realize that I could go back 3 years!). In Montana, for each instance that he failed to pay, he can be found in contempt. Right now there are 6 instances. The punishment can range from simply paying what he owes to 60 days in jail and/or $500 and/or community service hours for each of the 6 instances.
Filling out the paperwork is not difficult, as long as you have your ducks in a row...But it is time consuming.

You do have to give him a reasonable amt. of time to repay you, the court will look at that. So, I would not suggest filing right now unless he has a history of refusing to pay and you have documentation to support that.
 

TinkerBelleLuvr

Senior Member
The courts can make the amount of out-of-pocket expenses as an arrearage and then have additional monies taken out of his check to pay for it. Dad can pay for the out-of-pocket since he's not paying for insurance.
 

Rodriquez

Junior Member
Send him a letter, registered certified mail, w/ a copy of the receipt and asking for 1/2 of what you paid.
He has to have a reasonable amt of time to comply w/ your request.
He cannot be found in contempt based on his comment that he isn't going to pay. He actually has to NOT pay in a reasonable amt. of time. I set the reasonable time in my circumstances as 30 days.

I just filed for contempt for over 3 years of non-payment. I had to fill out the motion, since I am pro se. And I had all the documentation showing where he hasn't complied with the court orders. The judge reviewed before setting a "show cause" hearing. The amount he owes is about $450 (I didn't realize that I could go back 3 years!). In Montana, for each instance that he failed to pay, he can be found in contempt. Right now there are 6 instances. The punishment can range from simply paying what he owes to 60 days in jail and/or $500 and/or community service hours for each of the 6 instances.
Filling out the paperwork is not difficult, as long as you have your ducks in a row...But it is time consuming.

You do have to give him a reasonable amt. of time to repay you, the court will look at that. So, I would not suggest filing right now unless he has a history of refusing to pay and you have documentation to support that.
Thank you that is really helpful. I didnt think about sending him a registered certified mail. I will do that today. I will do this everytime there is a bill.
 

TinkerBelleLuvr

Senior Member
Do you email dad? If so, you can use readnotify.com to track the receipt and reading of emails also. I use that for all the emails I send to my X since he liked to claim he didn't get them.

There is a "certified" option that the courts WILL use for proof of receipt in communications.
 

Rodriquez

Junior Member
Do you email dad? If so, you can use readnotify.com to track the receipt and reading of emails also. I use that for all the emails I send to my X since he liked to claim he didn't get them.

There is a "certified" option that the courts WILL use for proof of receipt in communications.
I have never used email to contact him. I may start to do that, now should I scan in the receipt and the bill?
 

Ladyback1

Senior Member
Do you email dad? If so, you can use readnotify.com to track the receipt and reading of emails also. I use that for all the emails I send to my X since he liked to claim he didn't get them.

There is a "certified" option that the courts WILL use for proof of receipt in communications.
Thank you! I had no idea about readnotify.com. It is perfect and will come in handy w/ any emails I have to send the Ex.:D
 

TinkerBelleLuvr

Senior Member
I have never used email to contact him. I may start to do that, now should I scan in the receipt and the bill?
I only mention it as an alternative and cheaper way of making sure that dad get the information in a timely fashion.

I would scan and send it. If that doesn't get a rise out of dad, then follow up with the mail. If he doesn't sign for it, then when it is returned, keep it closed for production in court.
 

Rodriquez

Junior Member
Thank you for the email idea. He got it and is NOT happy. He told me that since I am not financially capable of taking care of our daughter he is going to take me to court and take her from me. I am not even going to respond to that.:)
 

single317dad

Senior Member
Thank you for the email idea. He got it and is NOT happy. He told me that since I am not financially capable of taking care of our daughter he is going to take me to court and take her from me. I am not even going to respond to that.:)
That is a wise course of action. Chest-thumping is best left ignored.
 

TinkerBelleLuvr

Senior Member
Thank you for the email idea. He got it and is NOT happy. He told me that since I am not financially capable of taking care of our daughter he is going to take me to court and take her from me. I am not even going to respond to that.:)
I agree with not responding. If he isn't financially capable of paying for insurance or the half of medical bills, then how is he going to afford supporting a child?

What's the change of circumstances in the CHILD's life? Just ignore it. Judges, if it goes that far, are use to seeing motions for change of custody when enforcement of current child support orders are requested.
 

Rodriquez

Junior Member
I agree with not responding. If he isn't financially capable of paying for insurance or the half of medical bills, then how is he going to afford supporting a child?

What's the change of circumstances in the CHILD's life? Just ignore it. Judges, if it goes that far, are use to seeing motions for change of custody when enforcement of current child support orders are requested.
I never respond when he gets like that. I know that nothing gets solved with, as someone said chest thumping. I know both our situations and I don't believe that he will try to take her. I think he does it to try and scare me. He lives in his moms basement of her 1 bedroom condo, I don't think that a judge will take here away from me and give her to him just because I ask him for help.

Thanks everyone for all your help.
 

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