How do I get blood from a stone?

ManglerYJ

ManglerYJ

Well-Known Member
Joined
Mar 20, 2005
Location
Lexington, NC
As part of their custody agreement, my wife's ex-husband is supposed to pay half of the medical bills. Basically, we pay the whole amount (co-pay, prescriptions, etc) and we give him the receipt and he is supposed to pay half back to us. He normally will get several months behind and sometimes pay chunks here and there. That was until a couple years ago when he was almost $900 in arrears to us for that year. My wife took him to small claims court and won a judgement against him.

Now, here's the crap. The judgement basically isn't worth the paper it's printed on since he "owns" nothing. His truck was purchased by his mother (yes, he's in his 40's and his mom still has to buy him stuff like trucks and tires), and he lives in a trailer which is owned by his current wife. From everything I've been told, I can only expect to be paid on the judgement if he ever sells his home, or if he had a second vehicle in his name we could attatch to it a claim against the judgement. We cannot do so on his "only means of transportation".

The only real solace we have is that he is now seveal weeks (and almost a grand) behind in child support as well right now and has already been served papers from Friend of the Court.

Anyone with any suggestions? Obviously, going over to his house and slashing his tires is out of the question (as much fun as it would be)
 
Child support is criminal, not cival. That means the DA will prosecute him and throw him in jail if he doesn't pay. They will start by garnishing his pay check.
 
Not paying the medical and or child support are both considered in violation of the court papers. He will be held in contempt, and told to pay or go to jail, which will be most likely waived and they will set up a payment plan to correct the arrears. He will then be required to pay the arrears and keep the medical and child support up to date.
My son's egg donor has been in jail several times. just not a lot you can do.
 
In the past, when he has fallen behind on child support, when the Sherriff knocks on the door, his mom usually ponies up what is owed to keep him out of jail. If only they could "link" the two issues, the child support and the judgement....
 
GubNi said:
Him paying medical is part of child support
Click to expand...

Not in this case. The medical part is a condition of the divorce, separate from the child support. That's why she had to go to small claims court to get the judgement. The real question with it is how to get the judgement enforced.
 
I kinda have the same thing going on. My ex-wife is pays child support and if he has any medical bills she has to pay half. As you I pay the bill then give her a copy of the receipt and she pays me back. She owes me around $300.00 in medical bills and has owed that for over a year. I remind her every now and then to let her know I haven't forgot about it. She is up date on her child support. Or should I say her current husband is seeing as she doesn't have a job.

I know that it isn't worth going to court over but I do keep records cause I know she is going to want to try and take back to court again trying to get custody. And she will tell the court how she is such a good mother and that kids should be with there mom. She will say that she is more financially stable and can care for him better than me like she did the last time she took me to court. But that was with her last husband and I here that her and her current husband aren't doing to well either.

Sorry for the long response and I'm not sure it helps out any but just letting you know that there are others out there dealing with the same thing.
 
GubNi said:
Child support is criminal, not cival. That means the DA will prosecute him and throw him in jail if he doesn't pay. They will start by garnishing his pay check.
Click to expand...

i had to go back to court and get the same thing put into my custudy order and when she got behind all i had to do was call my lawyer and she would do the rest because everytime my ex wife would have to pay lawyer fees also . depending on your childs age it might be in your best interest to pay a lawyer to get this added to your custudy agreement to save you some money and headache down the road . last couple times ex wife got behind the judge ate her lunch in front of everybody and then garnished her wages ii didnt even have to do anything . good luck these things can be stressful
 
Fortunately, she is 16, so we have only a few more years of dealing with this jack-ass. THen it's just weddings and funerals. I take great comfort in knowing that in less than a Senate term we are done with him.
 
If any of you father's are paying child support and half of medical...KEEP RECORDS OR WHAT YOU PAID!

My mom took my dad to court for years worth of medical reciepts that he had paid....just kept no record of. this was after he had already won custody!

My father had custody of me since i was 12...and because or poor record keeping, paid child support til i was 16
 
I'm divorced and my 2 kids live with me 50% of the time.

People who use their kids as weapons against their exs should burn in hell.
 
judgement

It may take years....but once you get a judgement against the lazy ass, even if its 10yrs down the road, if he ever wants to grow up and actually own property etc.....he will have to pay off the judgement first.

This happened to my parents, they paid a contractor, he took off 1/2 way thru the job.....they got a lien on him....and about 18 yrs later....they got paid I believe with interest.
 
Well, we have the judgement against him. Is there anything else we need to do to get a lein against him, or is that the same thing? Is it an automatic process?
 
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