Ex Refusing to Reimburse for Medical Expense

Updated on March 05, 2013
A.M. asks from Mesa, AZ
7 answers

If my ex is refusing to reimburse for medical expense how do I go about getting my money? I pay 20% and he pays 80% per divorce decree and he wont pay. I dont have the money to hire an attorney and it is right around $400 he owes me so it would be silly to seek legal counsel. Thank you!

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J.W.

answers from St. Louis on

Pretty sure you can sue him in small claims. Just make sure it is a medical expense as defined by the IRS.
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Is this about the counseling you mentioned in 2011? Counseling is not considered a medical expense according to the IRS and that is how family court determines medical expense. The only way he would be on the hook for his 80% is if he agreed to pay for the counseling before the expense was incurred.

This one I know quite well which is why I said in my original answer if it is considered a medical expense.

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D.F.

answers from Boston on

Go to family court yourself, ask what paperwork you need. See if you can put all court costs on him. Ask to speak with a mediator or get a pro-bone lawyer....they have them everyday at the court house. You have to go early to get one. Worth a try.

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J.H.

answers from San Antonio on

You can sue in small claims court.

1 mom found this helpful

C.O.

answers from Washington DC on

Ang:

You should be able to go to the clerk of the court and ask for a pro-bono lawyer or for a reference on how to do it yourself.

I believe if you take the divorce decree to small claims court, you can sue for the monies owed as well as court fees, etc. If is it spelled out in the divorce decree - you will win.

good luck!!

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C.R.

answers from Los Angeles on

You don't need an attorney. Your local county courthouse will have a form that you fill out and file that he is in violation of the court order. Make sure you have receipts for everything. Since you can't trust him to pay, have the order modified that he pays 100% up front.

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G.B.

answers from Oklahoma City on

If he's violating the court order your attorney should be informed and he might just give you an idea of how to deal with this. He was there during your hearing so he knows the decree.

He's required to pay. You could possibly get a court date for small claims court. If you do it once and win he will know you will do it again. If you let him slide by this time you will never get a cent again. He needs to just carry kiddo on his insurance and give you her card so you can use it each time. That way he'd be paying more than 80% overall.

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M.V.

answers from Phoenix on

For an amount of that size I would suggest small claims court. You could even include your fees to file in the settlement (minimal) and no attorney necessary. Good luck!

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