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BM refusing to pay court ordered expenses

WokeUpABug's picture

DH and I are having a baby (yay!) in May. I also got a new job a few months ago. Based on what I've read on this site I was expecting BM to ramp up the crazy, but things were eerily quiet. Now however she's started to refuse to pay CO'ed expenses. Examples are she owes us half of a school trip for SD and two medical copays.

SD is going to get MRI for her back today. BM is leaving her the insurance card but not a copay. When DH asked her to, first she said she'd exhausted her FSA, when he brought up the CO that said she's responsible for 100 percent of out of pocket med expenses to $250, she claimed she did not consent to this MRI and so she shouldn't have to pay. In total she owes us over $200.

I'm tired of dealing with this looney toon. I told DH just forget it, we will take it out of support. Support automatically comes out of his pay except if there are 3 paychecks in a month, then the third we send her a check for. That'll be the case next month. I doubt she will take us back to court over $200, and SD18 is about to age out of CS, so honestly even if she did I'm not too worried.

Comments

Salems Lot's picture

Congratulations on the baby!

I would just deduct what she owes from the cheque. Just make sure you put a note in the memo section of the cheque "includes $200 deduction for CO-pays owed by BM".

WokeUpABug's picture

Thanks downsouth. Yes I wasn't sure if she got a cut of that third paycheck either, but when I multiplied the deduction by 24 it was too little. Multiplying by 26 pay periods gives the correct yearly support amount.

She doesn't actually disagree with the MRI - she's just saying that because she thinks it will get her out of paying. SD is a college scholarship athlete and now she has an injury that if not properly cared for and diagnosed could threaten her competing in college. BM is relying on that scholarship and I can guarantee you if it was her week to have SD she'd be taking her to the appt. She just knows we won't not give SD the copay since she's with us, and she's trying to pull a fast one.

LochnessStepMonster's picture

Your child support order along with a receipt should be enough to sue her in civil court. They should garnish her check for the medical bills.

WalkOnBy's picture

Yay babies!!!!

okay, not sure how it works in your state, but you should check before you deduct anything. In many states, it doesn't work that way - you can't just back out owed costs.

If I were you, I would pay it, get the receipt, contact Friend of the Court or whatever the agency is called in your state, and follow their process to get reimbursed.

In Michigan, it looks like this. We pay for something. We get the receipt and send it, along with a copy of the Request For Payment form from the Friend of the Court website. We send that to Medusa and a copy to FOC. 28 days later, when she hasn't paid, we contact FOC and they will do one of two things - add her portion to the amount she owes us OR show cause her. Typically, the option FOC chooses is to add it to her balance.

Since your situation is a little different, you may get a credit, but I wouldn't reduce a payment - that's playing with fire.

Salems Lot's picture

I assumed that the payment they made directly out of the third cheque was not a court ordered support payment, but simply an extra payment the father chose to give, which was why I suggested they deduct the $200.
If I was wrong, then yes, she needs to do as you say!

WokeUpABug's picture

Haha if you ladies can figure out some way where we could not send BM a check from that paycheck at all I would love it!!!

nengooseus's picture

I second WOB. CS isn't something to screw around with.

In my state, I would take the receipt and file for contempt if an ordered expense wasn't reimbursed.

WokeUpABug's picture

Oh I know you all are right. You aren't supposed to deduct owed expenses from CS. But then again you aren't supposed to not pay court ordered expenses either. I just figure it's easier to just not pay her and let her file in the court if she decides to. She gets like 1900 per month so I doubt she will file over 200,but if she does let her. I'm tired of dealing with her nonsense, and tired of her breaking the rules constantly and getting away with it.

And what's the worst that will happen? We pay her back the $200 and pays us back the $200 she owes us? And SD is aging out in a few months so if I were BM I'd be pretty reluctant to file.