Legal Question in Family Law in Mississippi
health care payments and child support
My husband was awarded custody 10/98. The courts did not award him child support at this time due to her finances. Since then she has made no attempt to improve or change her financial situation nor has she offered to help with "any" of the expenses for the children. Also, she is responsible for 1/2 of medical expenses. We sent the bills to her over 60 days ago and she has yet to pay. What is the time frame that the court condiders fair as far as payment to the custodial parent from the non-custodial parent for reimbursement of medical expenses.
For 8 yrs. my husband paid child support and reimbursed her for 1/2 of the medical expenses within 2 weeks of receiving the bills. Now she doesn't even attempt to do either.
We are going to take her back to court in August. Do you have any information on the above mentioned quesitons?
1 Answer from Attorneys
Re: health care payments and child support
Florida Law - If you have a final judgment stating that she is responsible for paying half of the medical and she has not paid then you file a Contempt action. You should also file a motion to establish child support in which you should include an arrearage amount. If she is intentionally not seeking work or not working then that should be incorporated into your motion. According to Florida Law child support is based on Need and Ability. Your husband seems to have the need for child support but he will need to prove that she has the ability to pay. There are alot of issues here that could get very complicated and I suggest that you retain an attorney in your area. Good Luck.
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