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Purposely not paying due fee's to keep from getting New Court Orders?

Purposely not paying due fee's to keep from getting New Court Orders? Topic: News case studies
July 21, 2019 / By Dory
Question: I hope that I can get much needed advice/answers ... On August 27th of 2008, I was taken to court by my EX Husband, for a divorce, and because he was seeking Full Custody of our 5 year old son. Our Temporary Orders were filed on September of 2008. Okay, our Final Court Hearing was just this May 27th, of 2009. And during that day, it was said that my Ex Husband would get my son, For THE SUMMER, the usual 1st, 3rd, & 5th weekends of the month, however instead of the usual Friday-Sundays, it was going to be Thursday-Mondays, it was decided like this because well my son is too young and attached to me, and being away from me for 30 days, is too long. Anyways, in court, we were ordered to pay a lady that did our Social Study, a fee for coming to court to testify, for whatever reasons, as Soon as possible. Okay and the Judge also stated that she would not sign any papers ... or whatever, Untill the fee's were paid to the Social Study Lady ... So of course I paid right away, like I was supposed to right, and well his father was picking him up the regular fridays-sundays, so I figured oh maybe he's too busy to get him on thursdays, so I left it as that. So just 2 days ago, he comes to pick him up, the usual Friday, I think nothing of it untill he says "So how are we going to do this? Are you going to come and visit him?" Immediately I asked what he was talking about? Well he is going by our TEMPORARY ORDERS, which say he can take him July 1st through the 31st! So I asked him if he heard what was said in court? And he said YES he did, and that he had not paid the Social Study Lady, and that those rules did not apply untill he paid, and that he has not paid, PURPOSELY!!! So he is doing this so he can go by the OLD COURT ORDERS, and not the new ones, which I may add, I have not received at all! According to the Old Orders, we were both primary conservetors of my son, but when we went to court, it was said that only I was the Primary, and not my Ex-Husband! What can I do? He is going by the OLD TEMPORARY ORDERS ... because we have not received the new ones, because again, like I said, he is not paying the Fee's PURPOSELY, to postpone the NEW ORDERS! I cannot be away from my child that long. He is only 5 years old, and has only known me for most of his life! And to top it off, his father moved(same town just another house, from what I've heard), and will not give me his current address ... I'm stuck. My lawyer is out untill Next Monday ...
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Best Answers: Purposely not paying due fee's to keep from getting New Court Orders?

Cathryn Cathryn | 10 days ago
You will have to go by the orders that was set before hand until new ones comes about.However, him not telling you the address where your son is being is breaking such order if it was stated that he needed to give such to you. You need to be patient and wait till your attorney to get back and do another rehearing in this matter. However, if you feel you cannot wait then I recommend you in seeking a different one and see what their advice would be in getting you relief in this case.
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Cathryn Originally Answered: Am I responsible to pay for my son's glasses if the court orders me to pay medical?
I think the other answers did a good job of answering what portion you are required to pay for in the divorce decree. But I will add, that if say vision and dental are not specifically mentioned in the decree, than a common definition used by a court to define "medical expenses" is (and I won't add all the other legalese that goes with this) roughly anything necessary to return the body to functional status. So, what would be required in this situation would be whatever is necessary to return your son's vision to "normal." But you should remember, this doesn't mean that you have to pay whatever your wife tells you to pay. For example, if the cost of glasses is say $100, but she picks out a designer pair (without your consent) for $200. You are only required to pay your share of the item that is "necessary to return the body to functional status." So, in this case if your share was 80 percent, than $80. Now with that being said, by all means if its your son that wants the item (designer glasses) and not your wife's doing, talk to your son about the value of money, etc (however, if the basic glasses look ridiculous, don't let the poor kid go around looking silly.)
Cathryn Originally Answered: Am I responsible to pay for my son's glasses if the court orders me to pay medical?
Read the Decree again. The ones with which I am familiar say the parties are to split any unpaid or uncovered medical expenses. I strongly suspect the Court would consider corrective lenses a medical expense even though not covered by insurance. If it is more than corrective lenses, like some eye disease, then the court would definitely consider it medical, and the insurance should also. ** Note: This answer has not created an attorney-client relationship. This is a general discussion of the subject matter of your question and not legal advice. Local laws or your particular situation may change the general rules. For a specific answer to your question you should consult legal counsel with whom you can discuss all the facts of your case. **
Cathryn Originally Answered: Am I responsible to pay for my son's glasses if the court orders me to pay medical?
Yes, glasses are considered medical - so it would be covered under the percentage you per your decree. For example my decree says I pay 60% and ex pays 40%. So if they said they were $100....I would pay 60 and he would pay 40. I don't think you are trying to get out of paying for you son I think you are just tired of your exwife nickel and diming you and threatening. This is why we have divorce decrees and child support orders.....it covers these silly little scenarios.

Annamaria Annamaria
He should not be able to take him to any address without your knowledge of that address. You need to talk to your lawyer; especially if he has already taken your son, The lawyer can go through channels and get the address.
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Annamaria Originally Answered: My children's father is not following court orders for child support. What can I do?
You can't recalculate child support backward. He will be ordered to pay whatever he was ordered to pay originally. Any adjustment is not retroactive. Can he be ordered to pay whatever he owes including health insurance? Yes. Based on the order that was valid at that time. Visitations? Whatever is written in the order. If you want to change it, you have to go to court. Time restrictions? No, because court ordered child support do not prescribe. If he ignores the orders still he has to pay back what the owes even if the child turns 18. Cost? Contact local legal aid; there are lawyers willing to provide their services for a "reasonable" fee. But the transportation cost from Illinois to Florida are your responsibility. Time? Get used to the idea that it's going to take some time. If he doesn't fight it, it could take a couple of moths; if he fight it then it could take over a year (specially if his lawyer uses delay tactics trying to wear you down hoping for you to give up.)
Annamaria Originally Answered: My children's father is not following court orders for child support. What can I do?
Figure out what he owes you and take him back to court for non payment. They will make him pay for the months he has missed, and with interest. **Yes, you can. Do you know the country where the original order for support came from? Do you know where he lives now? That's all you need. It's a matter of a couple of phone calls.

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