Once the divorce papers are signed, it’s not over. If there is a financial obligation between two individuals, then there will remain an on-going relationship between them. Here are some tips to make those interactions as smooth as possible.
If a parent is not paying child support as required, there are a few possible courses of action you can pursue. You could potentially have payments made through the child support collection unit, wage garnishment, and/or income execution. You could also seek a money judgment from the court. If, after exhausting these less drastic remedies, you are unsuccessful, then you could seek contempt from the court which could entail punishment by incarceration.
Other Child-Related Expenses
Many people will contact their divorce/family law attorney after a support matter is resolved and claim that their ex-owes them money for expenses not included in the basic child support. For example:
- Medical insurance
- Uncovered medical expenses
- Extra-curricular activities
- College expenses
My first question is, “Did you provide your ex with a statement or a bill from a third party?”
They commonly respond, “They know, they just know.”
How do they know? If you want to be reimbursed, you need to send bills and proof of payment. Verbal agreements are not enough. Your ex is entitled to a documentation of the expenses for which you are seeking to be reimbursed or paid to a third party. Documentation is key. It is good to create a paper trail of all efforts to collect the monies owed prior to seeing your attorney and/or filing an application with the court.
Sale of the House
When the divorce agreement dictates that the house has to be sold, and the other party does nothing to facilitate the sale, document it. Before retaining an attorney and resorting to litigation, create a paper trail of your good-faith efforts to sell the house.
Help Your Attorney Help You
If you are coming to your attorney to enforce a prior order of the court, have your documentation ready. If your ex isn’t holding up their end of the agreement in one way or another, document everything. It will help your attorney collect what is rightfully owed. Contact us today to get started.
By Debra L. Rubin Esq.