I am divorced and have a consent order in place. I am the non-custodial parent of 2 sons, and I pay child support ($900/month). I am also responsible for aquiring medical insurance for my sons (which I get through my employer). However, the only plan available is a high dedutable plan. My younger son had surgery, and I now have over $5500 in bills. The consent order specifies that my ex-wife is responsible for 38% of the out-of-pocket expenses (and is payable within 10 days notice). However, she is refusing to pay (10 days are not up yet). What recourse do I have if she does not pay within the 10 days? Do I need to take her to small-claims court, or is her refusal to pay considered contempt of court? If she is in contempt of court, what are my options?
You need to file a motion for contempt in district court under the file number listed on your current order. If she is found to be in contempt the court will order her to pay, and can impose jail time if she does not comply.
Thank you very much for your time.
You are most welcome.