Can a Contempt Motion Be Filed For Failure to Pay Medical Bills in a Divorce Decree

Full question:

By parenting plan, I am required to pay 50% of medical expenses for my son. I was recently sent to collections for a hospital bill incurred by my son, while at my ex-wife's. I was previously unaware of the bill. It appears that my ex gave the collection agency my information. Upon questioning her, she is retaliating for something she believes unfair. How can I pay my half of the bill without destroying my credit and do I have any recourse against her?

  • Category: Contempt
  • Date:
  • State: Washington

Answer:

When a court order isn't followed, a petition for contempt may be filed in the court that issued the order. A request may also be made to have the court to order the noncomplying party to pay for the losses caused by the failure to comply. The court retains continuing jurisdiction to enforce its orders by holding the noncomplying party in contempt of court.

If the former spouse fails to maked required payments, it is possible you may file a motion for contempt, and then it will be a matter of subjective determination for the court, based on all the facts and documents involved. A party may also file a Judgment on Rule for Contempt, which is a prepared judgment ready for the judge to sign, to further the court's ease in making a determination. A certificate of service is filed along with the petition to prove that the petition was served on the opposing party.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

If your ex refuses to pay their share of medical bills, you can file a motion for contempt in family court if there is a court order in place. This legal action can compel them to fulfill their obligations. Additionally, you may seek to negotiate directly with your ex or consider mediation to resolve the dispute amicably.