Legal Question in Family Law in Ohio

Medical Reimbursement

Our divorce papers state that after the custodial parent pays the first $100 out-of-pocket expense in a given year, the remaining portion is to be split 50/50. I have forwarded copies of all the medical bills to my ex and have even said I would accept payments if he was unable to pay for everything up front. To date I have received no payment for medical bills covering the past two years.

Other facts you should know are that I have full custody of our daughter, her father has been given the names, address and phone numbers of her doctors/dentist, he has been invited to counseling session but has written the doctor declining the invitations.

My question is how, without spending as much in attorney fees, do I get him to pay for the medical bills (his portion). In the divorce papers I agreed to allow him to claim her every other year. Can I threaten not to give in the exemption until he pays me. Or can I take the deduction and cut him a check for the difference? This is very frustrating since I already pay for about 80% of the total suppport. My daughter is 7 so I have at least 11 more years to deal with this type of behavior from my ex.

Look forward to your response.


Asked on 3/14/02, 1:16 pm

2 Answers from Attorneys
Gregg Manes Gregg A. Manes, Esq.

Re: Medical Reimbursement

If he refuses to pay the arrearage, then you are left with few alternatives other than filing for contempt with the domestic relations court. You may go at it alone if it is just a matter of math or ask the Court to order him to pay your attorney fees for the contempt.

Good Luck.

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Answered on 3/17/02, 5:47 pm
Robert Mues Holzfaster,Cecil,McKnight & Mues, Attorneys

Re: Medical Reimbursement

You need to send him a letter by certified mail itemizing the amount owed and supplying copies of the bills with a demand for payment. If he does not pay , the only avenue is to file a motion for contempt in domestic relations court. This should be done by an attorney with a request that your Ex be ordered to pay $350 towards your attorney fees.If there has been a material change in incomes, it might be prudent to request an increase in support at the same time or address any other outstanding issues.

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Answered on 3/14/02, 2:41 pm


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