Legal Question in Family Law in Florida
In my divorce papers it states that my ex-husband is responsible for half of any medical/dental care that is not covered by insurance including braces. My daughter has been wearing braces for 6 months and I have monthly payments for them. Her father says he does not have the money and has not paid anything towards them. Can I take him into court to make him start paying?
2 Answers from Attorneys
Certainly, you can ask the family court to enforce your dissolution of marriage and any marital settlement agreement. He must show that there has been a substantial change in circumstances since the dissolution to justify his non-payment. The court considers the interest of children to be important; the burden is on him to explain his failure to comply. Advice: discuss the issues with an attorney to discuss legal options and procedures.
He will have to prove to the judge that he does not have the $.