What to do if I have a former spouse and we were ordered by our divorce decree to split the costs of medical or doctor’s visits but I have fallen behind?

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What to do if I have a former spouse and we were ordered by our divorce decree to split the costs of medical or doctor’s visits but I have fallen behind?

Due to lack of work I have fallen behind on these costs. My ex-spouse has informed me she plans on charging me 20% on the amount owed. I don’t think she can do this. What are her recourses on pursuing extra interest on medical expenses and what are mine to prevent her doing so and just repaying owed amounts.

Asked on December 28, 2012 under Family Law, Idaho

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

The best way to resolve the unfortunate situation that you are in is to write the former spouse as to why you have been unable to keep up with your share of the medical costs due to lack of income and that you will honor your oblogations when the income comes in to the best of your ability. Keep a copy of the letter for future use and need. Under the laws of all states in this country, she cannot charge you 20% of the amount she paid on your behalf as interest.

Such is usurious and violates all state laws. at most she can charge you is 5% or so. I suggest that you make payments on the obligations the best you can.


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