go back to court you will be the bad guy if you don’t …
Disbelief in the system
Don’t pay the 25% that she owes. if a bill comes in for 100 dollars your write your check for 75 and enclose a note to the doctor on where to get the rest. I know that does not help with perscriptions but its a start. DO NOT PAY HER LESS per month or you will get BIT in the ■■■.
jnewman
I would like to hear from an attorney on this as well. If I can’t deduct it from CS, can I take her to small claims court for breach of contract?
Dear trosier:
Greetings. No, you cannot deduct things from child support. Send her a letter, detailing exactly what she owes and give her a deadline to pay you. Then, if she does not pay by the deadline, send another letter and threaten a breach of contract action against her. Then, if she still doesn’t pay, follow through! Doesn’t your agreement have the provision that forces the violator to pay the attorney fees? Good luck. Thank you.
Janet L. Fritts
Attorney with Rosen Law Firm
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax
301 McCullough Drive Suite 510
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax
1829 East Franklin Street, Bldg 600
Chapel Hill, NC 27514
919.321.0780 main phone
919.787.6668 main fax
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 but a full discussion with an attorney should be undertaken before taking any action.
I currently pay child support and we have legal agreements in place for us to share the children’s uninsured health care costs 75/25 with me paying 75%. However, she does not reimburse me for her percentage, the 25%. Can I deduct this amount from child support with supporting documentation (medical/dental receipts)? I relize I could take her back to court, but it’s difficult to justify going back to court paying a lawyer $2000 to gain $500-$800.