Unpaid

[chronicle]

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

The story so far:

Separation agreement was incorporated into the final decree in March, 2010. That included a specific schedule for 50/50 physical custody. Since March, 2010, we have been using a completely different schedule (that is still 50/50). The agreement also included specific items we each had to pay for, but said we both (at this time) waived child support claim. That made the most sense to me at the time as I made more money than my ex, and so I took on a greater share of the costs as spelled out in the agreement.

Now: Ex was unemployed for a while and I got tired of asking him for the money he owed for specific items (shared medical costs, child care, etc) and went ahead and paid all of everything by myself- which has not been easy for me to do on my salary. Now Ex is working again- I have no idea how much he is making (he SAYS he is making “great money” but I have no way of verifying that).

So my question is- now that he is working and our incomes are similar(?) can I try to get back the money he owes me even though it was not a child support case? He owes me roughly $4,000. Is it really even worth it to bring this to a court- even just to make the point to him that this cannot continue? Or will it end up being a waste of my time and money?

Thank you.

 

[mistoffolees]

How long ago were the bills incurred? And what is the exact wording of the part of the agreement that requires him to pay you?

If you're using a different schedule than the court ordered one, I would suggest that you file for the decree to be amended by stipulation. It won't cost very much but then you'll have a decree that is being followed and is enforceable.

 

[chronicle]

The bills have been incurred over the past year and three months. It has been ongoing. The wording is: "That neither party shall be obligated to pay child support at this time. The mother shall continue to maintain child on health insurance and dental insurance. In addition the mother shall pay the first $100 per year of deductible, co-payments, or other medical, dental or pharmaceutical expenses not paid for by insurance; any expenditures in excess of $100 in a calendar year shall be paid equally by the parties. Further the father shall pay all after-school care costs for the minor child during the school year."

He has paid $20 toward a prescription, and about 1/3 of the after-school child care costs since we signed this agreement, but nothing else.