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Hannah

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Hannahko

Junior Member
What is the name of your state (only U.S. law)? NY state
My ex ignores his legal responsibility to pay his share of our daughter's medical expenses. He also gave me a verbal agreement to pay a portion of her class trip to Costa Rica next year. Since making a down payment, he hasn't continued with any payments. He is behind 4 months now. I have sent him copies of all the medical receipts and reminded him in writing of his agreement to help pay for this trip. what can I do to get him to pay?
 


mistoffolees

Senior Member
What is the name of your state (only U.S. law)? NY state
My ex ignores his legal responsibility to pay his share of our daughter's medical expenses. He also gave me a verbal agreement to pay a portion of her class trip to Costa Rica next year. Since making a down payment, he hasn't continued with any payments. He is behind 4 months now. I have sent him copies of all the medical receipts and reminded him in writing of his agreement to help pay for this trip. what can I do to get him to pay?
Maybe nothing.

What does the court order say with regard to medical expenses and/or school trips?

He's only obligated to pay what the court order says he must pay. Your verbal agreements are meaningless as far as family court is concerned.

(Unless the court order addresses school trips, the 'agreement' for Costa Rica probably isn't a family court matter, anyway. I guess that in theory, IF YOU COULD PROVE THAT YOU HAD A VALID CONTRACT for the trip, you could try to collect in small claims court, but I can't see how you could prove it. Even if you could prove that he agreed, no consideration occurred, so it's probably not binding anyway.)
 

Hannahko

Junior Member
re: Medical expenses

The divorce agreement stipulates that he is responsible for half of all medical expenses. He has been so difficult to collect from over the years and our daughter has, thank God been healthy, that I've just let it go. However, recently, the expenses have become more than I can handle and I worry that if they ever become catastrophic I've set a presidence (sp?). The expenses aren't enough that it's worth going to a lawyer about. I was hoping for some tactic I could use to get him to pay up. I don't want my daughter to become a pawn in this.
 

Proserpina

Senior Member
The divorce agreement stipulates that he is responsible for half of all medical expenses. He has been so difficult to collect from over the years and our daughter has, thank God been healthy, that I've just let it go. However, recently, the expenses have become more than I can handle and I worry that if they ever become catastrophic I've set a presidence (sp?). The expenses aren't enough that it's worth going to a lawyer about. I was hoping for some tactic I could use to get him to pay up. I don't want my daughter to become a pawn in this.


Then don't use her as a pawn. It takes two. :)

If the court order doesn't address school trips, Dad isn't obliged to pay anything.

And what misto said.
 

mistoffolees

Senior Member
The divorce agreement stipulates that he is responsible for half of all medical expenses. He has been so difficult to collect from over the years and our daughter has, thank God been healthy, that I've just let it go. However, recently, the expenses have become more than I can handle and I worry that if they ever become catastrophic I've set a presidence (sp?). The expenses aren't enough that it's worth going to a lawyer about. I was hoping for some tactic I could use to get him to pay up. I don't want my daughter to become a pawn in this.
Then you present him with a copy of the receipts in a timely manner and a copy of the section of the decree ordering him to pay. If he refuses to pay, then you can take him to contempt for court. That doesn't necessarily require an attorney, but it helps.

How about the exact wording of the section of the decree that says he is to pay 1/2 of medical expenses? Word for word, but without the names (sorry, but I don't trust paraphrased interpretations).
 

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