Can I take my ex-husband back into court to make him pay for half of our daughters braces like it says in the divorce paper?

Asked over 3 years ago - Leesburg, FL

Our daughter has been wearing braces for 5 months and I have made all 5 payments on them. Her father is responsible for 50% of everything not covered by insurance including braces and he claims he can not pay. Can I take him back to court or do I have to wait longer? If I can take him to court what do I have to file?

Attorney answers (3)

  1. David Jule Gruskin

    Contributor Level 11

    Answered . Your former husband is in contempt of court if he has the ability to comply with the judgment. There is no waiting period. However, if the court finds that he does not have the ability to pay when you have a hearing, he may not be in contempt, but the court should at least enter a judgment for the amount or add it to what he owes in child support and maybe order it paid over a period of time.

  2. Brian Elliott Arnold

    Pro

    Contributor Level 14

    Answered . In Utah, if it states that he pay in the Divorce Decree/judgment then you can do an Order to Show Cause to show he is not complying with the Divorce Decree and therefore get a judgment against him to enforce such.

    Brian Arnold Esq.
    Arnold & Wadsworth
    http://www.theutahattorneys.com

  3. Robert Ricci

    Contributor Level 18

    Answered . If he agreed to it, you should file a motion to enforce that agreement.

    Robert Ricci, Jr., Esq.
    1743 St. Georges Avenue
    Rahway, NJ 07065
    732-815-1122

    Legal disclaimer: In accordance with the Avvo community guidelines, this communication does not constitute "legal... more

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