My ex and I have a consent order through the court. In our order it states that we divide the cost of all uninsured, in reimbursed, health, dental and vision care costs incurred on behalf of the minor child by a pro rats share of income with dad paying 50% and I pay 50%. The party who actually incurs such expense shall be reimbursed the expense within 30 days of presenting the other party with documentation of the same.
I paid for a doctors bill, provided my ex with a picture of the bill, as well as the receipt stated I paid it. It has now been 32 days. I sent him an email stating he is now late and is to pay me ASAP. We have a pending court hearing due to a modification of custody, should I document this and just present it at court stating he doesn’t pay on time, or should I file contempt of court?
You can do both. You can file a motion for an order to appear and to show cause (contempt) for a willful violation of the court order, as well as testifying to this in your modification hearing with the argument that he is not capable of following court orders.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here
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.
Your attorney should handle this for you since you already have one.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here
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.