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?