What are my chances?

[asil8170]

What is the name of your state (only U.S. law)? Iowa
I initiated a contempt action against my ex husband because he wasn't paying his court-ordered portion of our son's medical bills. A hearing has been set for Oct. 9th. Today, I received his payment. Now I don't know if I should continue the action or dismiss it. So I was hoping that some of you could give me your opinions as to what my chances are for winning this case. I was only asking for the filing fee, sheriff's service fee and lost wages, if the hearing continues.
My arguments are:
I submitted a bill for his portion of the $400 down payment on June 6th. I made that down payment on May 30th. He didn't pay.
I received a bill for the remaining balance on July 3rd and paid that bill on July 28th. I submitted a copy of the bill and a request for payment for both the down payment and remaining balance on Aug. 3rd. He didn't pay.
I submitted a 3rd request for payment via certified mail on Aug. 16th. He refused delivery and ignored two requests from the post office to pick up the letter.
I initiated the contempt action on Sept. 7th. He was served the legal papers on Sept. 11th.
There have been 7 other times when I (and my attorney, when I could afford one) have had to threaten or initiate contempt actions just to get paid what was owed. He has always paid up at the last minute and the actions were dismissed, leaving me to pay for all the legal fees, etc.
As stated earlier, I did receive his payment today.
His arguments are:
He was waiting for the insurance EOB's (explanation of benefits) before he paid me.
*the copy of the bill I sent him showed that the last insurance payment was made on June 16th, the EOB's would have been on his July statement
*why would he have to wait for the EOB's to pay his portion of the down payment
He CLAIMS to have sent me a check on Sept. 10th.
*I didn't receive that check
So, does it sound like I have a case or should I dismiss the action AGAIN and be stuck paying all the fees?
I'm SO tired of having to wait and PLEAD for every dime he owes us. I have copies of the letters and legal documents from the other 7 times contempt was threatened.
Thanks for your help.

 

[Ohiogal]

What is the name of your state (only U.S. law)? Iowa
I initiated a contempt action against my ex husband because he wasn't paying his court-ordered portion of our son's medical bills. A hearing has been set for Oct. 9th. Today, I received his payment. Now I don't know if I should continue the action or dismiss it. So I was hoping that some of you could give me your opinions as to what my chances are for winning this case. I was only asking for the filing fee, sheriff's service fee and lost wages, if the hearing continues.
My arguments are:
I submitted a bill for his portion of the $400 down payment on June 6th. I made that down payment on May 30th. He didn't pay.
I received a bill for the remaining balance on July 3rd and paid that bill on July 28th. I submitted a copy of the bill and a request for payment for both the down payment and remaining balance on Aug. 3rd. He didn't pay.
I submitted a 3rd request for payment via certified mail on Aug. 16th. He refused delivery and ignored two requests from the post office to pick up the letter.
I initiated the contempt action on Sept. 7th. He was served the legal papers on Sept. 11th.
There have been 7 other times when I (and my attorney, when I could afford one) have had to threaten or initiate contempt actions just to get paid what was owed. He has always paid up at the last minute and the actions were dismissed, leaving me to pay for all the legal fees, etc.
As stated earlier, I did receive his payment today.
His arguments are:
He was waiting for the insurance EOB's (explanation of benefits) before he paid me.
*the copy of the bill I sent him showed that the last insurance payment was made on June 16th, the EOB's would have been on his July statement
*why would he have to wait for the EOB's to pay his portion of the down payment
He CLAIMS to have sent me a check on Sept. 10th.
*I didn't receive that check
So, does it sound like I have a case or should I dismiss the action AGAIN and be stuck paying all the fees?
I'm SO tired of having to wait and PLEAD for every dime he owes us. I have copies of the letters and legal documents from the other 7 times contempt was threatened.
Thanks for your help.

Waiting for the EOBs helps because it shows what they charged and what they were allowed to charge and what insurance paid. He has a right to wait for that explanation. You received payment today. Why would you continue with the hearing. If he keeps paying but you keep running to court, maybe you should try to have a better relationship with him. That way you wouldn't waste money going to court all the time.

 

[asil8170]

Waiting for the EOBs helps because it shows what they charged and what they were allowed to charge and what insurance paid. He has a right to wait for that explanation. You received payment today. Why would you continue with the hearing. If he keeps paying but you keep running to court, maybe you should try to have a better relationship with him. That way you wouldn't waste money going to court all the time.

I've tried to have an open relationship with him. He refuses to talk to me...at all! In my letter of request for payment I asked him to send a letter of explanation if he wasn't going to pay or if he needed more time to pay. He sent nothing. The ONLY time he will pay what he owes is AFTER I've threatened court intervention. My belief is that he is trying to make EVERYTHING as hard as possible. He knows that, in the past, he can wait until we (my attorney and I) threaten legal action and then pay. As soon as he's paid, his attorney asks for the action to be dismissed. My attorney agrees. Then I'm stuck with all the court costs and fees. That's what I'm fighting against.
So, how long am I suppose to wait? There has NEVER been a time that he paid WITHOUT being threatened with contempt. AT times, it's been as long as 9 months before he paid.

 

[LdiJ]

I've tried to have an open relationship with him. He refuses to talk to me...at all! In my letter of request for payment I asked him to send a letter of explanation if he wasn't going to pay or if he needed more time to pay. He sent nothing. The ONLY time he will pay what he owes is AFTER I've threatened court intervention. My belief is that he is trying to make EVERYTHING as hard as possible. He knows that, in the past, he can wait until we (my attorney and I) threaten legal action and then pay. As soon as he's paid, his attorney asks for the action to be dismissed. My attorney agrees. Then I'm stuck with all the court costs and fees. That's what I'm fighting against.
So, how long am I suppose to wait? There has NEVER been a time that he paid WITHOUT being threatened with contempt. AT times, it's been as long as 9 months before he paid.

Here is the potential problem. The judge hasn't seen the pattern because he has always paid after you file for contempt, and you have always dismissed the case. Therefore, if you carry on with the contempt, the judge may dismiss the case because he has already paid. However, if you never carry on, the judge will never see the pattern, and therefore he will never get hit hard enough to see the error of his ways. So its a bit of a paradox. The other potential problem is that some judges might even make you pay HIS attorney fees for taking it all the way to court, if you do carry it forward...since he will have already paid.

Unless you can convince your attorney to carry it on, and to argue it based on his pattern, prove his pattern to the judge, and argue for fees based on his pattern, The risks may be greater than the potential rewards.

Next time he pulls this stunt you might try filing for contempt without an attorney. I bet its happened enough that you have plenty of paperwork to use as templates.
Once he sees that you are not spending money on an attorney, and he IS, that might make him see the error of his ways.

 

[asil8170]

LdiJ has it EXACTLY right! My ex's contemptuous behavior has never been exposed to a Judge, thus he continues to do this BS over and over again.

One new point...I called the Clerk of Court yesterday and asked if the case would be dismissed since he has now paid. She said "no." Also, neither one of us is utilizing the services of an attorney for this case. This is very strange for him. He is a doctor and can easily afford legal representation. I'm not sure but he may be thinking that if he pays, the action is automatically dismissed.

This pattern of behavior began more than 8 years ago, before the divorce was even final. While preparing for the divorce, a temporary support order was put in place. At one point, he refused to pay what he was ordered. My attorney filed contempt and a hearing date was set. The day before the hearing, he paid up and the case was dismissed. Over the next 8 years, this happened 6 other times. I have copies of EVERY letter and legal document showing that threatening contempt has been the only way he will pay.

I think that, since he isn't using an attorney for this case, it's a good time to take this all the way to court. This needs to stop! For this action alone I've spent more than $100 and over the years, more than $1000. I believe that his argument about waiting for the insurance EOB's is weak. Since the last insurance payment was made on June 16th, he would have already had his insurance statement by the time I asked for payment on Aug. 3rd. AND, he has NO excuse for not paying his part of the downpayment. Making us wait almost 4 months for that is ridiculous! I also believe that, with all my evidence from past actions, I should be able to prove to the Judge that this has become a habit for him.

BTW...I gave him a chance to have this case dismissed. I sent a note asking him to pay the bill plus the fining fee, sheriff's fee and mailing costs (about $90.) I told him that I only wanted what I've had to spend to get what was ALREADY ordered and if he paid those fees, I would dismiss the action. He only paid the medical bill. So, on to court we go!

 

[Ohiogal]

LdiJ has it EXACTLY right! My ex's contemptuous behavior has never been exposed to a Judge, thus he continues to do this BS over and over again.

One new point...I called the Clerk of Court yesterday and asked if the case would be dismissed since he has now paid. She said "no." Also, neither one of us is utilizing the services of an attorney for this case. This is very strange for him. He is a doctor and can easily afford legal representation. I'm not sure but he may be thinking that if he pays, the action is automatically dismissed.

This pattern of behavior began more than 8 years ago, before the divorce was even final. While preparing for the divorce, a temporary support order was put in place. At one point, he refused to pay what he was ordered. My attorney filed contempt and a hearing date was set. The day before the hearing, he paid up and the case was dismissed. Over the next 8 years, this happened 6 other times. I have copies of EVERY letter and legal document showing that threatening contempt has been the only way he will pay.

I think that, since he isn't using an attorney for this case, it's a good time to take this all the way to court. This needs to stop! For this action alone I've spent more than $100 and over the years, more than $1000. I believe that his argument about waiting for the insurance EOB's is weak. Since the last insurance payment was made on June 16th, he would have already had his insurance statement by the time I asked for payment on Aug. 3rd. AND, he has NO excuse for not paying his part of the downpayment. Making us wait almost 4 months for that is ridiculous! I also believe that, with all my evidence from past actions, I should be able to prove to the Judge that this has become a habit for him.

BTW...I gave him a chance to have this case dismissed. I sent a note asking him to pay the bill plus the fining fee, sheriff's fee and mailing costs (about $90.) I told him that I only wanted what I've had to spend to get what was ALREADY ordered and if he paid those fees, I would dismiss the action. He only paid the medical bill. So, on to court we go!

YOu are in over your head. The punishments for contempt are NOT to reimburse you your lost wages or out of pocket expenses. You have the burden of proving that there was a court order that he needed to follow and that he did not follow it. How is the wording on reimbursement specifically Also, you need to realize that contempt punishments are statutory -- not based on what you think you should get.


Read these:
http://www.lawserver.com/law/state/iowa/ia-code/iowa_code_815-10
http://www.law.drake.edu/academics/middleton/docs/benchBook/Chapters/CHP23REV03.pdf
Pay attention to this sentence:

The punishment in Section 665.4 is punitive and the fine is for the benefit of the state.

http://coolice.legis.iowa.gov/cool-ice/default.asp?category=billinfo&service=iowacode&ga=83&input=665#665.4

In other words, you may end up with NOTHING. He has paid. And he may not even be in contempt based on the wording of your order. Depending on the wording, you may want to have that modified.

Also the evidence of "habit" matters not. It is inadmissible and the court most likely won't hear it and won't care. Why? The rules of evidence don't allow for it to be heard. Again, you are in over your head.

 

[asil8170]

The wording is..."to be paid withing 30 days of submission." Since he has waited more than 90 days to pay the down payment, he is in contempt.

 

[Ohiogal]

The wording is..."to be paid withing 30 days of submission." Since he has waited more than 90 days to pay the down payment, he is in contempt.

Submission to whom? From whom? After insurance or not? Did insurance pay within thirty days of submission to them. What evidence do you have submission of the bills? You think he is in contempt. Doesn't mean he is in contempt.

 

[asil8170]

He has 30 days to pay me after I send him the bill. The bill is suppose to be the one AFTER insurance has paid. The services were performed on May 30th and the last insurance payment was made on June 16th...more than 3 months before he ended up paying.

 

[Ohiogal]

He has 30 days to pay me after I send him the bill. The bill is suppose to be the one AFTER insurance has paid. The services were performed on May 30th and the last insurance payment was made on June 16th...more than 3 months before he ended up paying.

How do you know the above? How did you send him the bill? What proof do you have that he received the bill? He paid and therefore is no longer in contempt. As for the above -- what EXACTLY (redact the names) does your court order state regarding any of this. NOT your interpretation.

 

[asil8170]

BTW, this is what another member (sandyclaus) said when I had previously asked about this issue.


"Since it appears this is a pattern for him, a game of cat and mouse if you will, play his game. And this time, let him tell it to the judge.

When/if he fails to pick up the latest certified letter, and you are forced to file for contempt again to seek reimbursement of the covered expenses, include in there a request that the court order him to pay your costs of suit AND your attorney fees so that you can afford to hire an attorney to get through this. And rather than accept the payment prior to the court hearing, wait until the hearing itself to see if he offers it to you there - and make a big deal of it while you are in front of the judge. Through your evidence of previous filings on the same issues, show the court his pattern of this same familiar behavior and ask that the judge compel his cooperation - or make him assume full financial responsibility for providing the kids medical care entirely, and have HIM be the one that would have to ask YOU for reimbursement of a portion of the costs he pays."

And what LdiJ said.


"That is not a problem...I will expand a bit on what Silverplum said...go ahead and continue with your court date. Make sure that you ask in your motion that he be responsible for all court costs and attorney fees. Explain the whole problem and pattern to the judge, and ask the judge to order that he pay your court costs. Then, if he is stupid enough to do it again, then hire an attorney and ask the judge to order him to pay your attorney fees. In other words, don't let him get off the hook just because he paid you a couple of days before the court date."

So, I'm a bit confused. Some people say that I can and SHOULD bring up my ex's past history of waiting to pay until he's threatened with contempt and others tell me that it won't be allowed.
So which is it? I think that it's VERY relevant and actually, now that he's paid the bill, the only reason I'm thinking of continuing this action.
And some tell me that I can and SHOULD ask for all my expenses and someone else says I can't.
So which is it? Can I ask the Judge to order him to pay all my expenses incurred for bringing this action to court?

Am I just suppose to let him do this to me EVERY time I need reimbursed? As I stated earlier, this costs me hundreds of dollars every time I ask to get paid for something that has ALREADY BEEN COURT-ORDERED to be paid.

 

[Ohiogal]

Let's see. Who quoted the law to you? Who is the only one who is actually an attorney that answered you? Who knows the rules of evidence? Who deals with contempt dailyin their jobs? I will give you a hint. But you listen to whoever you decide gave you the answer you wanted.

Rule 404 of evidence can be used to keep out his "habits". Also see Rule 608. If any of the others want to quote law or statute or rules, they are definitely invited to do so. However, LD doesn't play that game as she has stated dozens of times.

 

[Mnemosyne]

For anyone with an hour to spare, the posting history is enlightening. It would seem that this mother and father have a long history of legal bickering, and neither one is completely blameless in that.

 

[Ohiogal]

For anyone with an hour to spare, the posting history is enlightening. It would seem that this mother and father have a long history of legal bickering, and neither one is completely blameless in that.

Considering she wants to continue on with a frivolous contempt order, I can understand why. She gets in front of judge on contempt and states that dad paid, that judge is NOT going to be happy. Especially if she says, I just wanted you to know he has done this DOZENS of times but I have no proof of that because he has paid all those times but by golly you need to take note that he does.

 

[LdiJ]

He has 30 days to pay me after I send him the bill. The bill is suppose to be the one AFTER insurance has paid. The services were performed on May 30th and the last insurance payment was made on June 16th...more than 3 months before he ended up paying.

Since neither one of you are represented by an attorney, I agree that it would be an appropriate time to try to handle a contempt case on your own, even if it doesn't result in anything. You aren't at risk of having to pay his attorney fees, and you might get some results. No guarantees, but you might.