Small Claims or deduct from Child Support?

[fburke]

What is the name of your state?What is the name of your state? MA

Under my divorce agreement my Ex and I are to each pay half of any unpaid medical.


Right now we owe about $2400.00 in uncovered expenses. I am more then wiling to pay my half but she refuses. Because I carry the insurance all bills are in my name and if they go to collection it goes against my credit.

Should I

1) pay the bills and deduct it from her child support over time?
This I would think could get me into trouble.)
2) Pay the bills and take her to Small Claims court…no since
hiring lawyers for such a small amount.

For me it’s a matter of principal I pay my support and a lot of extras we live close so I see him all the time. I just want things to be fair.

thanks

Fred

 

[Nocgirl]

You should not deduct from CS.

sue her in small claims. If she was ordered to pay half of medical then you have a strong case.

OR, you can se about filing a contempt motion and let the judge decide on how he wants to get her to repay the $$.

 

[weenor]

Deducting from child support is illegal!!!

 

[SingleMom67]

First of all, if you can pay the bills, pay them in full so you're credit isn't affected. Then send her a letter via certified mail including the copies of the receipts showing you paid the bill in full. Also enclose a copy of the divorce decree highlighting the section that details where she is to pay half. Remind her that she's responsible for 1/2. Then tell her you expect to receive her portion within X amount of time (say 30 days to be really, really fair). State that if you have not received the $1200 (or whatever the amount is by that point), you will proceed to use any and all legal actions available to recover this amount. If the letter doesn't "encourage" her to pay her share, file contempt charges against her in family court.