Change in Circumstance


#1
  1. IMHO, the money that it would take to get the custody order changed is not worth it. If he has no wife, then there is no one listed as able to pick your child up from school. When/if he remarries, then his new wife would be allowed to pick the child up from school.

  2. The only suggestion I can give is to pay what is owed and keep up with all documentation on this. If he continues not to pay what is in the order, then eventually you will have to either take him back to court or deal with the fact that he is not going live up to his finacial responsibilities as a father.
    You could also try contacting his attorney, in writing, send a copy of the order and the information that you sent him 6 months ago, request that the attorney contact his client since this has not been paid. I would just about bet that if you send a letter to the attorney every week requesting that his client be contacted about payment, you will get some sort of response. If he is still using the attorney for advice about his case, then I would say you can still contact his attorney regarding payments.


#2

If he has no Wife you don’t need to change the agreement because no one fits that role.

Are the unreimbursed medical expenses covered in an order or in a Separation Agreement?

P.S. Please feel free to bring up this or any other topic on our live call-in show every Wednesday at 11:00 a.m. EST. Visit radio.rosen.com for details

Helena M. Nevicosi
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax

Charlotte Office
301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 9343.0044

Sutton Station
5826 Fayetteville Rd. Suite 205
Durham, NC 27713
Phone: (919) 321-0780

ROSEN.COM

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.


#3

Yes the agreement says that he is to pay half of the medical bills

EEB


#4

If you have a separation agreement you will need to file an action for breach of contract, your contract should have a provision that requires him to pay your attorney’s fees.

P.S. Please feel free to bring up this or any other topic on our live call-in show every Wednesday at 11:00 a.m. EST. Visit radio.rosen.com for details

Helena M. Nevicosi
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax

Charlotte Office
301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 9343.0044

Sutton Station
5826 Fayetteville Rd. Suite 205
Durham, NC 27713
Phone: (919) 321-0780

ROSEN.COM

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.


#5
  1. In origional Custody order, step mom was allowed to pick child up from school etc. but her name was not actually written just as “husbands wife”. This lasted a year before they filed for seperation and now officially divorced (August 08) now he has new girl friend inwhich he has told my daughter he will be married to by next year. by her actions when he told her this, She obviously is still getting over step mom leaving.
    Should I file change in circumstance? getting “husbands wife” taken out of agreement now that he has no wife?

  2. we are supposed to split medical not covered by insurance 50/50. I have given/sent/faxed several copies of reciepts/bill and more. He initially out right refused to pay (in letter from him to me). He now says that his lawyer has told him to pay but whenever he could. That since there was not set time limit, that he did not have to rush. My daughter now needs to go back to the dentist for quite an extensive treatment (soft teeth, I ask him not to give her gum/candy he does anyway). I am having a touch time with what will be an 800.00 bill. If he would pay his 1/2 of what he owes, then I could seek the treatment she needs now. He has not made much effort to pay as of yet (25.00 total of about 600.00). It has been 6 months since I first sent him the info. What can I do that won’t cost an arm and a leg? If I had the money for a lawyer, I would just take that money and take her to the dentist as she is in some pain when eating tough foods.