Legal Question in Family Law in Mississippi
Violation of Divorce Decree
Although the divorce decree states that my ex-wife is to pay for 1/2 of the childrens medical bills, she refuses to do so. Because the medical for the children is through my work and in my name, if she does not pay her half, this will affect my credit. Do I have to retain a lawyer and take her back to court to get her to pay her half? I live in a different state and the expense of retaining an attorney and a flight to a different state could turn out to be quite spendy.
2 Answers from Attorneys
Re: Violation of Divorce Decree
If she is found in violation of the support order, the court can order her to reimburse your attorney fees. Alternatively, you can represent yourself in court. Proof that you paid the medical expense and that she failed to pay after reasonable notice will be necessary.
Otherwise, you might be able to enlist her family in getting her to pay. There is nothing to prevent you from pricking her conscience with nonabusive-nonharassing letters and phone calls. You may also find that an attorney or collection company is willing to collect the debt for you in exchange for a percentage.
Re: Violation of Divorce Decree
To enforce the court's order, you have to file a motion for contempt and you have to hire an attorney to do this. I recommend that you continue to send her copies of the medical bills, along with continual written demands for payment. Over time, let the bills build up to a point where hiring an attorney is not cost prohibitive, then make your move.
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