Is there a chance a divorce decree won't be enforced?
Question Details: It is clearly in our divorce decree that my ex husband is to pay half of our daughter's orthodontic expenses. He refuses saying he can't afford it. I can't afford it either but the child needed braces so we got them. I want to sue my ex husband for his half of the expense. I realize each judge is different but would like to know if I have a a good chance of of having the divorce decree enforced or if I will be wasting my money by hiring an attorney. I am also wondering if there is a chance I can request my ex reimburse me for legal fees as I shouldn't have to incur that expense.
Divorce, Marriage, Alimony Law Answers
You can seek enforcement of the decree and yes, you can ask for attorney's fees for the privilege. Since this is technically "medical" related, you may be able to have the Judge enforce it as additional child support. That said, if the Judge does not enforce this as additional child support, you may end up with an empty judgment.
An empty judgment is a court order that he pay you but you have little or no way to make him pay. You can only hope he pays or comes into money. There are collections actions, but that is more court time, more money, etc.
Roy L. Reeves - Reeves Law Firm, P.C.
www.planoattorney.net
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