how can i file a motion for contempt against my ex for not paying his share of medical bills?

UPDATED: Jun 17, 2009

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how can i file a motion for contempt against my ex for not paying his share of medical bills?

My ex was ordered to pay 86% of our children’s medical costs. He has already been ordered to pay his share plus reimbursing me for payments I have already made on braces for two children. He hasn’t paid anything and the orthodonist office can’t continue treatment on the children because of nonpayment. Because I took the children and signed financial agreements, I am responsible for the total missed payments. The office is pressuring me. The children’s father won’t respond to me after sending him a letter explaining the situation and how much he owed. Can I handle this without a lawyer?

Asked on June 17, 2009 under Family Law, Kentucky


B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

I honestly don't know if you can handle this on your own, for several reasons.  First, I'm not a Kentucky lawyer, and this is an area where law and maybe more importantly for you the procedure varies from one state to another.  Second, I don't have all of the facts.  Third, I don't know what the quality of on-line how-to resources are for your state, or how well you'll be able to use them.

What I would expect, in some variation or another, would be that you'd have to prepare and file a set of documents, that would include at the very least (1) a notice of your motion, stating what you were asking for and when the motion would be heard, along with some required information about responding to the motion, (2) an affidavit, signed and notarized, in which you state the facts, with copies of the court order(s) and the bills attached as exhibits, and (3) a statement of why you had the right to what you are asking the court to order.  You might -or might not - have to file a duplicate with the court, along with the original.  You will have to serve one or more copies of this package on your ex-husband, and provide proof of that in whatever way that's done in your state.  And you may want to do that all over again in a very short period of time if you don't like what he says in his opposing papers, if you want to reply to that.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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