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  1. #1
    Join Date
    Dec 2013
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    Default Non-Custodial Parent Refuses to Pay Court Ordered Expenses

    My question involves child support in the State of: NV

    I'm asking this on behalf of a friend. She has been divorced 10 years and the child is 14. She has primary physical/legal, but the decree has them sharing custody roughly 60/40 in her favor. The decree outlines child support payments, which he complies with by having his wages garnished (whenever he gets a new job, months go by without payment while the state works with his new employer to garnish wages).

    The decree also outlines that other expenses, such as medical costs, should be split 50/50. The parent who pays the doctor (usually mom) has 30 days to provide the other paren (usually dad) the bill, then dad has 30 days to reimburse mom 50% of the cost.

    About a year ago, the kid needed braces and mom handled everything. She financed payments through the orthodontist with a down payment and a roughly $100 monthly payment thereafter. Dad has never paid. Then the kid is doing terribly in school so she got paid $1000 for a tutoring service which dad agreed to pay half of. Dad has never paid. Dad now owes mom somewhere between $1500 - $2000 and it's clear he's got no intention of ever paying.

    When asked, he'll say, "I'll send it with Junior next week," then of course he never gives Junior the money. He'll say "It's too much money for Junior to carry, I'll mail you a check." Sometimes he'll say, "Things are really tight right now, can you wait?" Or, "I'll bring it to the baseball game this week." Of course, he just never follows through and it's pretty obvious he has no intention of doing so.

    So the question is: how do we enforce this to get Dad to pay? I told Mom to file a Motion to Enforce, but she is worried about legal fees and also about potentially losing primary custody or child support due actual custodial time being fairly close between the parents. Child support is only $400 per month, for what it's worth.

    I'm thinking mom should send dad a letter stating that she intended to file a motion through her attorney, and that he'll likely be ordered to pay whatever he owes her plus attorney's fees. If that doesn't work, have the lawyer send him a letter or simply proceed to filing the motion.

    Any thoughts on how to proceed?

  2. #2
    Join Date
    Apr 2009
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    Somewhere near Canada
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    Default Re: Non-Custodial Parent Refuses to Pay Court Ordered Expenses

    Mom should speak with her attorney.

    I rarely recommend threatening someone in order to get them to comply, though - specially when so far it's not clear if Dad is actually responsible for dental/braces (because that's not a given).

    With it being about a year since the procedure, she just might have waived Dad's obligation. Ideally she would have - assuming Dad is in fact responsible - done something before now.

    - - - Updated - - -

    Does Mom realize how she's coming across, by the way? She doesn't want to act because her child support and custody might be changed? What if that's in their best interests?

  3. #3
    Join Date
    Dec 2013
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    10

    Default Re: Non-Custodial Parent Refuses to Pay Court Ordered Expenses

    Quote Quoting Dogmatique
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    With it being about a year since the procedure, she just might have waived Dad's obligation. Ideally she would have - assuming Dad is in fact responsible - done something before now.
    I don't think she's waived anything when she has months worth of paper trail (text messages, emails) of trying to collect this debt. How long is a reasonable amount of time before you take someone to court - 2 months? 6 months? Especially when the person is consistently telling you they will pay?

    Also, as I said, there was one down payment and the rest are monthly payments. So not all of the debt is a year old. Further, if Dad owes half, he owes half - is there really a statute of limitations here?

    Quote Quoting Dogmatique
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    Does Mom realize how she's coming across, by the way? She doesn't want to act because her child support and custody might be changed? What if that's in their best interests?
    Months ago she consulted an attorney regarding getting additional physical custody of her son for a number of reasons relating to the child's well being. The lawyer advised her that he would represent her however she wanted, but that "anything" can happen in court, including her getting less custody or support than she receives now. Since the child wants to live with mom, the lawyer advised to come back when he's 15. As I said, the support is just $400 per month it's not exactly a windfall - her largest concern is not losing what she already has in terms of custody.

  4. #4
    Join Date
    Apr 2009
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    Default Re: Non-Custodial Parent Refuses to Pay Court Ordered Expenses

    Quote Quoting nestlequik
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    I don't think she's waived anything when she has months worth of paper trail (text messages, emails) of trying to collect this debt. How long is a reasonable amount of time before you take someone to court - 2 months? 6 months? Especially when the person is consistently telling you they will pay?

    Also, as I said, there was one down payment and the rest are monthly payments. So not all of the debt is a year old. Further, if Dad owes half, he owes half - is there really a statute of limitations here?
    I said nothing about a SOL. We're talking about family court (and about a matter that doesn't involve you, natch). Any chance of Mom writing exactly what her decree says about dental?

    And Mom's attorney? Sorry, but the kid's age is completely irrelevant in NV. Mom would need a CoC before she even got to court. Perhaps she needs a different attorney.

  5. #5
    Join Date
    Dec 2013
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    Default Re: Non-Custodial Parent Refuses to Pay Court Ordered Expenses

    I have seen the decree. It says "other expenses, including medical..." and was achieved through mediation.

    Mom's been divorced 10 years and her attorney is no longer practicing in the state. The other attorney she consulted with sure did give her a fright though. He did tell her that when a kid turns 15 the court would tend give more weight to his preference, but mom doesn't wish to put the kid on the spot like that.

    Dogmatique, I'm not sure if you are actually a law expert or just play one on the Internet, but if you or an expert could advise on what likely outcomes may be and how much it would cost, that is generally the info I'm seeking.

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