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Asked 11/2/2011

What can you do if your ex is ordered (through Div papers) to pay for half of something, but refuses to do so and its not through Child Support Services?

My ex-husband and I did an agreement type of divorce. Our papers were agreed to by both of us and then sent though the courts and signed off by a judge. In our papers we both agreed that any sports activity, lesson or class that our 4 year old twins took would be paid 50/50 between the two of us so long as the signing up of the class was agreed to by both of us. My ex-husband agreed to put our twins into swim lessons and agreed to reinbuse me for half each month (I saved the text as proof just in case). Now he is holding a grudge with me and refuses to pay me back for his half. Is there anything I can do? Swim lessons for two children is expensive... especially for a single mom. Is there anything I can do to make him pay me back forportion of the 6 months of swim classes he agreed to?

 
 
 
 
 
Answers

Answer 1/3 - Submitted 11/2/2011

The family courts wish we'd solve these matters ourselves, but rather than have an ugly scene in which parents start fighting in front of the kids, the courts are there to help resolve issues, and also have their own family counselors to meet with us and get things settled peacefully.

You have a right to go back into court and petition for enforcement of the court's order approving your previous agreement, on the ground that the father is being obstinate and refusing to abide by the agreement out of spite, and this is damaging you and the children financially.

 
 

Answer 2/3 - Submitted 11/5/2011

Although you and your chidlren's father reached an agreement, it is no longer an agreement it is an order of the Court.

You should send your ex a certified letter with an itemize statement of the amount that you were billed and the amount that he owes. In your letter, you should also demand payment. You should keep a copy of your letter and the proof that you mailed it to him.

You should inform your children's father that you will file an enforcement action against him if he does not give you his share within a date certain. If he fails to send you his amount, you should have an attorney review your order and help you draft a Motion for Enforcement so that the Court will hear your case.

 
 

Answer 3/3 - Submitted 11/6/2011

I had an issue with this with my ex-husband till he got his head out of his back side. He then woke up and put his son first and we actually get along now. We now work together including him his new wife and my new husband.

With my husband’s ex we can’t get her to do anything to help the children including the court ordered 50 percent of all medical expenses. The only thing that we can do is take her back to court to get a contempt charge. You would have to get a judgment for the amount and would still have to collect it. Just because it’s in the order does not mean you will ever get that money easily.

Keep copies of everything and document everything keep a running tally on everything. If you take the father back to court you will need everything that you can to help you. It’s a long road with a parent that are uncooperative but not impossible.

 
 
 
 
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