Contempt of previous order, new order issued

[masopa]

What is the name of your state (only U.S. law)? WI

There was an order entered in our case in May 2007 requiring my son's mother to reimburse me 36% of uninsured medical costs. I submitted receipts to her in June of 2008, for services my son received the 3 months prior. Payment was due within 30 days, which fell on July 11. She did not pay, naturally.

We had court on July 15th for a different matter and I was awarded sole custody and placement and a new order was written up. Nothing concerning medical costs is in the new order.

Can I take her to court for contempt for not paying me those medical costs that she should have from the last order? Had a new order not been written on the 15th I would have, but am now unclear as to whether or not I can.

 

[Ohiogal]

Yes you can HOWEVER you should not be holding bills for three months. Have you also proven to her thatyou have paid your portion of the bills?

 

[masopa]

I have proven to her that I paid the bills. We were supposed to submit receipts to each other every 90 days - that's why I waited so long.

 

[OhReally?]

I have proven to her that I paid the bills. We were supposed to submit receipts to each other every 90 days - that's why I waited so long.

I might add that the medical stipulation should still stand.

Now as far as the 90-day thing, perhaps you shouldn't hold onto them for that long. I would venture to guess the order has that language as a "deadline", since there are parents (too many) who hold onto these bills for a long time, then submit them to the other parents, expecting paydirt, per se. I would suggest sending the other parent copies of the bills showing what insurance has covered, what you've paid and what she owes EVERY 30 days/at the end of each month. I am sure it would make it a little easier for her to pay in a timely manner. After all, how would you react if you received a bunch of bills from the last 3 months and it was a substantial amount that was owed??
Just a suggestion.

 

[masopa]

I understand your point about the 3 months, and I'll take that into consideration if future orders have clauses of repayment of medical fees.

The one time I did submit a bill to my son's mother right away she told me, in rather unfriendly terms, that she wouldn't even think of paying it because I was supposed to give them to her all at once, quarterly. Not that she has ever paid on these things anyway.

I just can't win.

Thank you for your help.