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my ex in contempt of medical bills and misc expenses

hello, my ex husband is to pay 50 percent of all misc expenses and 50 percent of of uninsured medical expenses. I have mailed them to him and he writes reject and send back to sender on it. will not pay. he has not been in the kids life for 10 yrs just walked away and didn't want to see them so he feels i am not going to get anything extra. my question is if the order says for him to pay that and if not i can take him to court and he has to pay lawyer fees would that happen in mass probate courts. or can he try to say i will not let him see the kids and the judge not make him pay these fees. I have never kept them from him he has just not wanted to see them. and if he did he could have taken me to court years ago for it. I just want him to pay his medical bills and expenses.

 
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Editor's Response

You cannot control what your ex says or does at family and probate court.  All you can do is take the matter to court and ask the judge to find him in contempt for violating the court's order.  Hopefully you have maintained records (all of the bills), so your efforts will be worth the time and money it may cost you (hopefully your attorney's fees will come out of your ex's pocket).  Good luck.

contempt

While there is never any certainty in what a judge will or will not due, it is very likely that your ex will be required to pay your legal fees, if he is found in contempt. your concerns at this point should be:
 
 1) have you complied with the requirements of delivery of the bills to the ex, such that a Court WILL require him to pay the same and find him in contempt for not paying. Your ex is not required to pay until he has received them. You need to send them to him in such a way he can't reject or refuse to pick them up. An attorney will be able to effect this very easily for you. Generally constable or process server delivering them to him in hand will do it.
 2) Does your ex have sufficient assets to pay you from? If he is destitute, he will be ordered to pay a minimal amount weekly to pay. 2$ a week will not help you.
3) Do you have records gathered and ready to prove that you expended the amounts shown. You will need to do so to in order to have a Court order him to pay you back.
 
Your best choice in this matter is to contact an attorney who deals with divorce and contempt regularly. Theoretical advice is well and good, but going over the specifics with a matrimonial lawyer is the best way to handle your case.
 
Kevin Gaughen, www.gaughenlane.com

thank you very much for your

thank you very much for your reply and yes I have sent him slips of everything..its older stuff as well since i was never able to find him since he never kept me up to date when address but now that i have his address i have sent them but he has said he will not pay and just returns them. also he does work full time and is able to pay these bills. I will start thinking about hiring a lawyer to help me.
thank you

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