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May 05
2008
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Question:
My ex and I have been divorced for 3 years. We have a 50/50 arangement with our now 9 year old daughter and joint legal and custody. When we were first divorced, I offered to pay for all of our daughter's tuition for school because I did not want her to be removed from the school she was attending at the time. Since then, the school had been closed. My ex and I have went to mediation and selected a new school. However, she refuses to take any responsibility for any of the cost incurred. Not even the before and after school care provided by the school on her time. Since we agreed on a school this time, should't she have to pay at least half of the cost and all of the everyday care during her custodial time? There is only a few dollar difference in our hourly wages and I have much more financial obligations. She also continues to refuse to pay any medical costs. I was ordered to carry the medical insurance for our daughter. But for three years, I have tkaen her to every eye doctor, dentist and almost every doctor visit. I have paid for two pairs of eye glasses and she will need braces soon. Our decree does't say anywhere that I am responsible for all of the costs, but neither does it say that she is responsible for half either. I thought that 50/50 custody meant that each parent is liable for half of the expenses. I have to take our daughter to these appointments because my ex says she can't pay for any of then. If I didn't do it all, our daughter wouldn't receive the proper care. Our daughter also goes to a psychiatrist which is court ordered. It is also ordered that each parent participate and split the bill. My ex has went to one consultation appointment (scheduled her own, wouldn't go with our daughter and myself), has only scheduled two appointments and cancelled them both. One of which she cancelled late and I am now stuck with a fee for a full apointment fee because of a late cancellation. She didn't even pay for the copay of the initial visit she went to. Now I can't take our doughter to any more vivits until the balance is paid. I can't afford to take her back for contempt because everyone want to small fortune to do so. What can I do? Thanks.
Answer:
If the court order does not specify that she make the payment for doctor's visits, it is unlikely that a court would hold her in contempt. You could consider a Motion for Sums Due and Owing. The main issue however is the future payment of school, medical insurance and uninsured medical expenses. You need to file a Motion to Modify you divorce decree and parenting plan to include and establish a fair and equitable distribution of the expenses.
