CanI sue my son’s father for his share of unpaid orthodontic bills?
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CanI sue my son’s father for his share of unpaid orthodontic bills?
My son’s father (non-custodial parent) was paying for 1/2 of our son’s braces. He called child support and they told him he didn’t have to pay. But the court order I have states 50/50 on unpaid medical/dental bills. Can I sue for the remaining 1/2 payments?
Asked on August 11, 2011 Arizona
Answers:
MD, Member, California Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
Agencies do not have authority to render legal advice, and that is because most of them are not in a position to know what the remainder of your divorce and child support and custody agreement state. Now, as to the court order, if the court order specifically states unpaid or uninsured medical and dental bills must be split fifty fifty, then your ex husband is now in contempt of the order and you can take him back to court to amend the decree, motion for his contempt and see what the penalties are or you can simply sue him and see what happens. Think about your best option and ask the courts about the docketing timelines and how long you have in each court before your item is heard (this can tell you whether to bring it as a contempt motion in divorce court or a civil lawsuit).
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