My husband pays his ex-wife a sum of U$2400,00 monthly and any medical, school, sport activities and visitation is divided in half between them stated by court. Well, his ex-wife went to the most expensive orthodontic clinic in Palo Alto, CA in 2006 for one of their daughter's braces, she was 11 years old and had a normal orthodontic treatment which cost U$7.000,00. His ex-wife them called my husband saying that if she could make the payment of U$158,00 a month he could also. since the child treatment started in May of 2006, she made 4 payments! The doctor's office contacted my husband asking for payment because his ex-wife said that he wasn't paying and he was always on time which he finished paying his portion 8 month earlier. So, now they always send him emails informing the payments made by her and the appointment missed, which is always the case because she didn't pay them. The doctor is frustrated stating to us that the treatment should be finished several month ago, but because his ex-wife keep missing appointments and not paying them, he won't take the braces off until he gets paid and that he is loosing money and time.
he next episode: We were in California visiting them in May/08 and the ex mention that the older daughter was planning in camping in August/08 and it would cost U$1200,00 which would be divided (U$600,00) each. We had already gave her U$300,00 to place a hold on the camping. Last week she called and asked him to pay for the whole amount (U$1200,00) because she didn't had the money. The U$300,00 we left was never placed to the camping costs. So, now she owns him U$900,00. She said she would pay him on the first of September, now she is saying it will have to be installments. She also owns his father U$1000,00 for about 8 years and she promised to pay them and she only sent them U$50,00 to this day. She also went to court to ask for the child support to be deposit direct to her account, which my husband have to explain to the Military each time he have a evaluation the reason why, and it is all because she knows she will be taking advantage of him asking for money and never paying him back. Now she also promised to lift the wage garnishment, so he would be sending her the payment which he never missed and was always on time. I don't believe she will do it because she knows that he will be deducting what she owns him...this is such a mess situation. He was short in the house mortgage because of this camping thing, were he always have to make it up for her. She works and makes U$18,00 an hour, probably more now. She went to court in 2006 asking for more money so she could be at home or work only part-time. The children are 16 and 14 years old. The judge wasn't stupid as she would had expected and told her to find a job and work full time. ( We think she is working part-time instead). How should this situation be handle? What happens when one part don't meet with their financial responsabilities like in this case?Child support and parents responsabilities?
charge her with exotortion , theft and harassment in court.
Each parent is responsible of meeting the commitment to their children. Do you keep receipts? Do you record phone calls? Talk to the orthodontist and ask what the financial situation is exactly. They should have a record of what's coming and going. If before the orthodontic treatment the money wasn't deposited into her account, then you may be in luck. Demand her bank information regarding what the account activities have been in the past year. This will say how much money has been put in, how much was taken out, what was paid to where, and what time. Have your husband also show his account activities. These are all proof to show who's paying what - and in turn, if successful, will get his ex to shut up and put her in a position in debt with your husband. I hope your husband has a lawyer though... you didn't specify that. Unless your husband or yourself have a job or experience as a lawyer, get one. You shouldn't go to court without a good lawyer. Also, as for the job thing, don't you have tax returns that are based on last year's income? That might help determine how much your husband is really responsible for giving. And as for stuff like the camping thing - if she can't afford half, then don't let the daughter go camping! If she can't afford, then she can't afford to spoil her kid.
If after this whole ordeal is settled, have your husband come into agreement: So long as she provides your husband information (such as receipts) regarding the money that was required, how much he paid and how much she paid, that way later disputes aren't a big deal. If she refuses, then she's got something to hide, and you can take her to court again for that.Child support and parents responsabilities?
AGree with ABC, you need to bring all evidence to a lawyer FAST and straighten this out NOW!!!!
You definatly need a lawyer!!!! If he is in the military, see if he can get one through them. The ex could be held in contempt for not paying the dentist. (by they way $7000.00 for braces isn't too bad). She could even *possibly* be charged with medical neglect for not caring for the braces as her teeth could be rotting under there.Child support and parents responsabilities?
it sounds like you need a lawyer, and you need to bring her to court to force her to pay for the money she owes your husband and his father. i hope you have documentation proving the things he has paid for you should ALWAYS keep that stuff.
Set up a court hearing and tell the hearing officer what is happening. You should do it soon cuz the ex will keep doing what she's doing.
He is better off having his wages garnisheed and paid into her account. That way there is a record of her getting them and she can't just claim she didn't. You have proof.
Next, as far as any expenses he is responsible for, he should have some say in the decision process as to which action to take. From now on, have her send him information on a few options and explain which she wants to go with and why. If there really is no difference other than cost and the more expensive options don't offer anything that makes the extra cost worth it, insist on the lowest cost option.
It sounds to me like she is expecting him to foot the bill for her to appear to be better off financially than is necessary. He needs to provide for his kids but he doesn't have to provide anything better than he would be if they were living with him.
As for him paying for things, he should get the information as to who gets the money and send it directly to them rather than trusting her for it. If he has to give it to her, make sure its a check and that she signs a statement that she received X amount of money on X date for X purpose. As long as he can prove he is giving her money and it equals what he is supposed to be paying, then there should be no problem if he has to take her to court. If she didn't pay the bill, unless he signed something agreeing to be the responsible party, I don't think they can come after him.
you talk to your lawyer and go back to court
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