Child support/insurance

North Carolina Divorce Law Divorce and Separation Answers
1

I have a separation agreement that states any uninsured medical/dental expenses shall be slip equally.

I currently pay and provide the medical/dental insurance for my 2 boys. One of them needed a dental procedure that was only partially covered. My ex-wife is now refusing to cover her half of the uninsured part.

My question is: I also pay child support and have not missed a payment since my divorce. Can I withhold a portion of the child support to obtain the amount she owes me to cover her half of the uninsured dental procedure?

Thanks

2

No, you cannot withhold child support. You should pay the amount of child support you owe (this is different from the uninsured dental expense). If your separation agreement has been incorporated into a court order, you can file a motion to have her held in contempt for failure to pay. If your agreement has not been incorporated, you should sue her for breach of contract.

I would suggest you read the following article: Breach And Enforcement of Separation Agreements