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

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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

Answers:

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

Answered 11 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.


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