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Shell_Lee · Jun 27, 2007, 12:18 PM

As the title says: my son's father owes me money for bills paid. I had brought my son to the dentist. I paid for ALL of the costs (didn't have dental insurance at the time) In the court order (Wisconsin if it makes a difference at all), it does state that the father is to pay half of all uncovered medical bills - this includes dental. I gave my son's father a copy of the bills so he could pay me (also it does state on the bill that I paid them). Well, he had not paid me and we were getting no where. I went to court and filed a motion to have them take a look at this. Well the day that court came, the father never showed. Court still proceeded and the judge granted in my favor. He gave my son's father 90 days to pay me ALL the money that he owes me for his half of the dental bills.

My issue is that the 90th day is coming up fast and I have not received a dime! Do I have to file another motion with the court if he does not pay up to get my money? If so, can I put that I want him to also pay the court costs for filing? Every time I file a motion it costs me $30 and why should I have to pay that? Does anyone know what will happen if he refuses to give me any of my money?

Thanks

tawnynkids · Jun 27, 2007, 12:39 PM

You should be able to additionally file for a wage garnishment. All that really means is that the courts grants you permission to serve his employer with a wage garnishment to collect the monies owed. If he doesn't work you are kind of out of luck. You can keep "taking him to court" but if he never shows you will continue to get your request granted but not much will be able to be done. My guess though is that since he was ordered to pay by the Court and has failed to comply that he could now be found in contempt by the Court and a warrant could be issued for his arrest. Really not sure about the warrant though. You really need to check with a lawyer in your area at least. If you don't/can't hire one at least call around (lots do free consults), explain your situation and ask them what can be done. Ask them to be specific about what can/will have to be done (for the purpose of knowing how much this lawyer will cost you of course) and then decide on how to proceed.

Fr_Chuck · Jun 27, 2007, 12:45 PM

You need to file to have him found in contempt of court by taking him back,

summer12 · Jul 3, 2007, 02:20 PM

Originally Posted by tawnynkids

You should be able to additionally file for a wage garnishment. All that really means is that the courts grants you permission to serve his employer with a wage garnishment to collect the monies owed. If he doesn't work you are kind of out of luck. You can keep "taking him to court" but if he never shows you will continue to get your request granted but not much will be able to be done. My guess though is that since he was ordered to pay by the Court and has failed to comply that he could now be found in contempt by the Court and a warrant could be issued for his arrest. Really not sure about the warrant though. You really need to check with a lawyer in your area at least. If you don't/can't hire one at least call around (lots do free consults), explain your situation and ask them what can be done. Ask them to be specific about what can/will have to be done (for the purpose of knowing how much this lawyer will cost you of course) and then decide on how to proceed.

Thank you for the question/answers. I'm going through the same situation in Iowa with my child's orthodontic payments. My ex refuses to give me my monthly share, and we're going on the 3rd month. I've contacted my attorney, but am waiting to hear the next step. I suggested garnishment, but I'm thinking of going after contempt, as this is spelled out in our decree. I'm also going to ask for reimbusement of attorney and court costs from him. I did this the first time and my ex had to pay half of my fees. Good Luck.