Contempt & non-payment of medical

[jb8849]

What is the name of your state?What is the name of your state? UTAH

In December, my ex-husband was sentenced to 30 days in jail for non-payment of child support and medical bills. The judged stayed the execution of the jail time if he did three things: paid current support, paid $200 towards arrearages, and stayed current on his medical. BTW, I filed all of this pro se!

Fast forward to today, he refuses to reimburse me for my son's ortho bills. If I decide to take him back to court and execute the jail time, what do I file - an Order to Show Cause? Does it go back to the judge or the commissioner? Does anyone have an idea?

Thank you for your help.

 

[abstract99]

I'm not trying to be rude or harsh, just asking a question. Do you think you will get your CS if he spends some time in jail. I mean if he is not paying now and he goes to jail which will probably cost him his job, do you really think he will pay. Don't get me wrong... I think he SHOULD pay, but do you think he will if you spend your own money to file for him to have to go in front of a judge again?

 

[brisgirl825]

He will be on a work release program if he goes to jail. Don't feel bad about taking this back to court. If he goes to jail, it's his fault.

File contempt charges.

Sarah

 

[jb8849]

Feel bad?

New guy -

I appreciate your thoughts and I have gone through the same scenario numerous times myself. It's a hard thing to do, but I have dealt with this situation for over nine years (since I filed for my divorce). He has been behind on his support payments (and medical) since 1999. The only time that I get results is when someone else (a judge or commissioner) tells him what he has to do. For some reason, he doesn't read the divorce decree for comprehension.

Yes, I would feel bad if he went to jail - even on a work release, but it might be the better thing in the long run. Believe me, I can't afford to lose the child support. I lost my job in December and I'm going back to school, but it's a matter of principle now. So, I take a deep breath and try to decide what to do. I just want what's fair to my children.

 

[VeronicaGia]

What is the name of your state?What is the name of your state? UTAH

In December, my ex-husband was sentenced to 30 days in jail for non-payment of child support and medical bills. The judged stayed the execution of the jail time if he did three things: paid current support, paid $200 towards arrearages, and stayed current on his medical. BTW, I filed all of this pro se!

Fast forward to today, he refuses to reimburse me for my son's ortho bills. If I decide to take him back to court and execute the jail time, what do I file - an Order to Show Cause? Does it go back to the judge or the commissioner? Does anyone have an idea?

Thank you for your help.

Exactly what does the court order say about medical, specifically, orthodontia?

 

[jb8849]

50% Medical

Veronica:

He is to reimburse me 50% of any out-of-pocket medical (after insurance payments). He has 20 days after he receives copies of the receipts to reimburse me. He hasn't reimbursed me since February (and the ortho is $130/month).

jb8849

 

[abstract99]

No, I wasn't wondering if you would feel bad. I was just saying that even though it sux that you are not getting the CS will he pay after the work release? I'd do it depending on how far behind he was and how bad I needed the money. If it is worth it to you and you think he will pay up after seeing a judge then go ahead. What is fair for your children is to be properly supported for and to see that adults have responsabilities. Hopefully it will show the children that there are consenquences for your actions.

 

[LdiJ]

No, I wasn't wondering if you would feel bad. I was just saying that even though it sux that you are not getting the CS will he pay after the work release? I'd do it depending on how far behind he was and how bad I needed the money. If it is worth it to you and you think he will pay up after seeing a judge then go ahead. What is fair for your children is to be properly supported for and to see that adults have responsabilities. Hopefully it will show the children that there are consenquences for your actions.

The theoretical hope would be that the jail and work release would make him miserable enough that he wouldn't risk having to do it again.....and for most people that would be enough to guarantee compliance.

 

[abstract99]

The theoretical hope would be that the jail and work release would make him miserable enough that he wouldn't risk having to do it again.....and for most people that would be enough to guarantee compliance.

Kets hope so. Knowing my ex, if she had to pay CS and was behind she would be even more less likely to pay if she had to do work release. Everybody is different though.

 

[topsidder]

Ortho and medical are two different animals. If your existing order does not specifically state ortho, he may not be obligated to reimburse you.

 

[jb8849]

Mine includes ortho

My decree of divorce includes all unreimbursed medical and dental. I received a couple of judgments for my first son for ortho. I've already received a judgment for the downpayment of ortho for my second son. He's already in contempt for non-payment of medical and dental expenses. One order and he goes to jail. I believe in living on the edge, but I think he's living too close on this one.