02-02-2013 02:25 PM
Hi, I am a divorced woman of two special needs children who have a progressive and life shortening condition. I carry the medical insurance for my children through my job and have ongoing monthly medical bills of varying amounts which are not covered through my insurance. My ex husband and I are court ordered to share the costs 50/50. I am required to submit all bills to him (which I do) for reimbursement from him. This is not working at all. I am submitting the same bills over and over, not receiving payment until 2,3 sometimes 6 months later and after much nagging. He has a very good job, a new home and drives a new high end luxury vehicle. I know money problems are not the issue. This is causing more than just a financial hardship to say the least and a terrible relationship between my ex husband and I. Is there a way to set something up through the courts to submit bills to them and have them collect from my ex husband? Going through small claims is not an option because I would be there every month. I live in San Diego county and any advice would be greatly appreciated
02-04-2013 01:40 PM - edited 02-04-2013 01:44 PM
There is no way to set something up through the courts directly. You attorney could ask the court for an order instructing your ex to deposit funds in an escrow account and then they would dispurse them as required for medical bills. If that is not clear, your attorney would hold the funds in escrow.
Small Claims would certainly get the message across, particularly if a Judgement is entered on his credit report.
If the medical expenses are recurring and mostly similar, you could go back to court and get child support modified and then only split the cost above that "regular" amount. Child Support is always temporary and can be modified at any time.