How do I enforce a divorce decree that requires the other party to pay medical bills?

Asked over 1 year ago - Canton, GA

My divorce decree states that I have 30 days from receipt of bill to request payment from the other party. The other party has 30 days from receipt of bill to reimburse.

But how can I enforce this when I have sent my ex-husband copies of the bills/receipts and he has made no attempt to pay the bills?

Attorney answers (5)

  1. Eric Alvin Ballinger

    Pro

    Contributor Level 11

    2

    Lawyers agree

    Answered . You would file a Motion for Contempt. You would need show the the Court bills, your payment and the notice where the bills were submitted to the other party. Normally the Court will require the non-paying party to reimburse your attorneys fees for brining the motion for contempt. You may contact my office for a consultation.

  2. Glen Edward Ashman

    Pro

    Contributor Level 20

    1

    Lawyer agrees

    Answered . Once the bills reach an amount that matters, simply call your lawyer (the one who handled your divorce will already have your file) and ask them to file a contempt for you.

    If you find this answer helpful, please mark it here on AVVO as helpful. In answering you, I am attempting to... more
  3. Marcy Ann Millard

    Contributor Level 8

    1

    Lawyer agrees

    Answered . It is generally a good idea to wait until the bills reach a point that it makes sense to pursue the contempt. Once they have reached that point, then an attorney can help you file and pursue the contempt. I typically recommend that we review your divorce decree at that point to include any other issues for which he may be in contempt. For example, if he is behind on child support or not following the custody provisions, it is better to handle all those issues at one time, instead of having to go back to court numerous times.

  4. Hillary Johns

    Contributor Level 19

    1

    Lawyer agrees

    Answered . You can file a motion to determine the amount owed and request that you enforce it although how much is the bill? It might be more prudent to give it some time. It could be that the person wil pay you eventually.

    You are welcome to call Ms. Johns' offices for a free or low cost consultation at (866) 402-4038. Please note... more
  5. Lloyd Wayne Patterson

    Contributor Level 14

    Answered . The only way to enforce a family court order is to file a Rule to Show Cause in the family court and ask the judge to hold the other party in contempt of court. That is the only way to enforce the order. Your attorney can handle this for you but I agree that you should wait until it is an amount that matters and you can demand payment by certified mail so you can prove to the court that the other party actually received your demand for payment.

    This answer is for general advice. It is not legal advice and does not create an attorney client relationship. For... more

Related Topics

Divorce

Divorce is the process of formally ending a marriage. Divorces may be jointly agreed upon, resolved by negotiation, or decided in court.

Enforcing Your Divorce Decree

Divorce decree enforcement is the process of making your ex-spouse obey the divorce decree's requirements, often via contempt of court.

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