Legal Question in Family Law in Massachusetts
My ex-husband over paid child support payments to me in excess of 4733.00. He still owes me for 1/2 of the medical bills from my daughters for this year. Is he obligated to pay me 1/2 of those medical bills ?
3 Answers from Attorneys
Yes he is still obligated to pay the medical bills if there is a court order or divorce agreement stating he is required to pay 1/2-however if you file a contempt charge he may counter claim with a motion to cease child support or stop the medical payments due to the overpayment. You need to consult an attorney-774-745-0562
If there is a court order that states that your ex-husband is responsible for 1/2 of your children's medical bills and he refuses to pay, that is a violation of a court order and a Complaint for Contempt may be filed by you seeking 1/2 of the medical bills, attorney's fees for bringing the action and a finding that he is guilty of contempt. Once you have filed a Complaint for Contempt, while your husband may answer the Complaint for Contempt he may not counter claim. Counter claims in a Contempt action are invalid.
With regards to his overpayment of child support in the amount of $ 4,733.00 - depending on the amount that he owes in the unpaid medical bills, you may have to reimburse him for the difference between the two figures, or he may have to reimburse you.
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Thank you,
If there is over payment, the fair thing to do is an offset from the over payment.
And let him know what you are doing.