Can I do this on my own without an attorney, and what process do I follow? If I did hire an attorney, and the ruling was in my favor, what is the likelihood that the court would order my ex to pay my attorney fees as well? Must I ask for that as an option, or would the court just include that in its ruling if it finds it applicable?
My divorce decree from two years ago states that medical expenses over $500 will be split 50/50. My son's wisdom teeth need to be surgically extracted at an out of pocket cost of over $500. My ex is refusing to pay anything - I have an email from him where he states that he won't. Wouldn't this oral surgery be considered a medical expense by the court, so that have him ordered to pay by the court?
If you hire an attorney, the attorney will ask for legal fees. Never hurts to remind, but it should be a standard request. If you take the matter to the court, you cannot collect attorney fees.
The method is a motion to enforce a judgment (important words because it keeps the filing fee down.) Ask to have the filing fee paid, as well, for "having to file this motion."
Then, either "show cause" why he should not be held in contempt for failing to follow the divorce judgment or the "motion to enforce." Documentation from the doctor / dentist. Sounds like a medical expense to me. Our Legal Nurse Consultant just said that not pulling the wisdom teeth when needed could be dangerous, complicating, painful, and simply has to be done.
You could ask the court to order that your ex's teeth all be pulled out, too, but I would stick with the money demand. This cost should be split. Don't threaten, just file, or have an attorney file. And, if you have another problem down the line, the court will remember what a jerk he is.
teven Arnold HeislerDivorce / Separation LawyerMarine City, MI ·
I suggest you read your Judgment of Divorce (JOD). It may have a paragraph that requires a party to pay attorney fees to enforce the judgment. a judge MAY order the other side to pay attorney fees, but you can never tell what the judge will do.
I would start by giving a copy of the bill to the Friend of the Court and ask them to enfoce the JOD
Best of luck
Steven A Heisler, Esq
www.MichiganDivoce.org
800 466 0000
Attorney Heisler is correct. I practice in Ottawa county and the first thing you should do is submit your medical bills to the Friend of the Court for enforcement. Should the FOC not be successful and should your ex resist, then you file a motion to hold him in contempt of court and ask for attorney fees for having to enforce the 50/50 provision in your Judgment.
This is clearly a medical expense and your former husband should be paying 1/2 in accordance with the judgment of divorce. It is enforceable through the court. You can contact the friend of the court in the county where your divorce was finalized to have this taken care of. You do not need an attorney to do this. Good luck to you.
Henry Gornbein
This is clearly a medical expense and your former husband should be paying 1/2 in accordance with the judgment of divorce. It is enforceable through the court. You can contact the friend of the court in the county where your divorce was finalized to have this taken care of. You do not need an attorney to do this. Good luck to you.
Henry Gornbein
