My son is living with me for the 2nd semester of college.(poor grades 1st sem., he has turned it around) The court decree says my ex should pay a 1/3 of room and board. She has send nothing. She should also provide 1/2 of the money for car insurance and the first $250 for health costs. Nothing.
How do I collect? I would like to keep lawyers out of this. No sense in giving them $500. Or could I have her paid my fees.
Anyone have something similar?
2007-05-29 09:52:23 · 7 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
If it is a court order, contact the judges office that made the ruling. They could order a follow-up hearing and hold her in contempt if she has violated the decree.
If the judge will not do this... than your only option is to get a lawyer.
2007-05-29 09:57:07 · answer #1 · answered by Dog Lover 7 · 1⤊ 0⤋
You need to file a motion in family court - the same court that ordered that she pay. It's called a motion to enforce litigants rights - you can file pro se - that means without a lawyer or file with one and try to motion for her to pay your attorney cost because you are seeking her to pay her court ordered obligation.
I am not attorney- this based on my experieince with family court _
2007-06-01 12:46:04 · answer #2 · answered by chicki3030 2 · 0⤊ 0⤋
Your son is an adult - why is his mother responsible for anything?
I can see 1/3 of board away but if he couldn't be responsible at college why should Mommy be responsible for him now? The amount of money that he is costing living at home should be nominal and should be HIS responsibility not his Mommy's.
I don't get it -- why is that people assume they have to give their children a free ride through college? Junior screwed up - now it's time to grow up.
2007-05-29 16:58:12 · answer #3 · answered by Susie D 6 · 0⤊ 1⤋
You probably want an enforcement order (very common) to enforce the support order. If the court is convinced that you tried to collect diligently enough (as opposed to surprising her with this order), it might be willing to award attorney's fees.
2007-05-29 16:56:58 · answer #4 · answered by Brand X 6 · 1⤊ 0⤋
Well, the only way the divorce decree can be enforced is in the court room. So, I guess if it is important enough for you, you'll get a lawyer.....
2007-05-29 17:19:53 · answer #5 · answered by Anonymous · 0⤊ 1⤋
Small claims court is the best way to go. If there is a court order for her to pay, try to get her wages garnished in small claims court.
2007-05-29 16:56:20 · answer #6 · answered by msi_cord 7 · 0⤊ 1⤋
If you think you can win, you can have it where she has to pay up, AND pay your atty costs... If it is alot of money you are out, I would say go for it... at least talk with your atty, tell them what you are thinking, and also tell them that because she is not paying you cannot really afford to dish out for fees and can they be included in her paying in what she owes... If you do it, I would go for an order of garnishment...
2007-05-29 16:57:39 · answer #7 · answered by crazymomma21 2 · 0⤊ 1⤋