Legal Question in Family Law in California
My husbands ex wife has not responded to his emails regarding paying the medical bills incurred after their son was in the hospital twice. He has sent several emails asking her how and when she wants to pay her share. This has been going on for several months and though she will respond to him on other issues, she has not responded to this issue. Can he just start taking the money out of child support? We don't want to just pay the bills and wait for her to pay her share when she is good and ready (which may never happen). What can we do?
2 Answers from Attorneys
He needs to file an Order to Show Cause Re: Contempt. He can't withhold the money from child support as these are two separate obligations.
Ms. Chen is right, unless there isn't an existing order for her to pay. If there isn't then there is no order to be in contempt of and your husband needs to file an OSC for her to be ordered to pay her contribution.
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