Legal Question in Family Law in California

I pay my x wife $360.00/ month child support and 392.00 spousal support. Of this part, is for our daughter's health insurance. I take our daughter to a mutually agreed upon group therapy, which I have paid the fee for the last 18 months. My ex wife has not reimbursed me for her half of the fee now for 10 months. her half is $600.00, less what I estimated her co-pays are for our daughters medicines. my ex wife should owe me $525.00. I give her a statement every month which she should submit to the insurance company for reimbursement. Our daughters health care deductible is 1000.00 per year, and including the group therapy I have given her $1570.00 to submit for 2009, which I should be entitled to half of all reimbursement she has not shown or given me any information of the 2009 year. so basically she is about $800.00 in arrears to me for health care. Can I deduct 1/2 her child support every month until it is paid, or do need to go to court to get an ok? I though about just deducting it and let her take me to court if she doesnt like it.


Asked on 3/28/10, 7:39 pm

1 Answer from Attorneys

You can withhold, but then if she takes you to court you will be the one in contempt of the existing order. Better to take her in on the OSC re: contempt while you are on the side of light and angels.

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Answered on 4/05/10, 10:49 pm


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