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Main Forums => Dear Socrateaser => Topic started by: spinner on Mar 29, 2007, 07:35:46 AM

Title: what type of motion to file for money due?
Post by: spinner on Mar 29, 2007, 07:35:46 AM
Hi,
The court order does not stipulate anything about child care and school cost.
We were ordered to use a website to communicate and to come to agreements so that it is tracked.
we agreed to share school cost.

however ex is not paying. I cannot file a motion for contempt, what kind of motion should I file? just a general motion ?
Title: RE: what type of motion to file for money due?
Post by: mistoffolees on Mar 29, 2007, 08:27:51 AM
I would guess that if the court never stipulated anything you can't file for contempt. You'd have to file for a child support plan. However, be aware that in my state, the court can not mandate paying for private school (if that's what you mean by 'school cost').

If they DID approve your agreement, then you'd file for contempt.
Title: RE: what type of motion to file for money due?
Post by: spinner on Mar 29, 2007, 08:46:04 AM
ok understood, it's for daycare cost after school.

that's the problem I cannot do contempt.
I will seek order with the CS plan

thanks
Title: RE: what type of motion to file for money due?
Post by: Jade on Mar 30, 2007, 07:07:30 PM
>I would guess that if the court never stipulated anything you
>can't file for contempt. You'd have to file for a child
>support plan. However, be aware that in my state, the court
>can not mandate paying for private school (if that's what you
>mean by 'school cost').
>
>If they DID approve your agreement, then you'd file for
>contempt.

Are you sure about that?  In my state, they can't mandate either parent tp pay for private school unless the child was already attending private school at the time of separation.  

Title: RE: what type of motion to file for money due?
Post by: mistoffolees on Mar 30, 2007, 07:34:02 PM
>>I would guess that if the court never stipulated anything
>you
>>can't file for contempt. You'd have to file for a child
>>support plan. However, be aware that in my state, the court
>>can not mandate paying for private school (if that's what
>you
>>mean by 'school cost').
>>
>>If they DID approve your agreement, then you'd file for
>>contempt.
>
>Are you sure about that?  In my state, they can't mandate
>either parent tp pay for private school unless the child was
>already attending private school at the time of separation.  
>
>

You're absolutely right - as I pointed out in the post above. The OP indicated that he meant day care cost when he said 'school cost'.
Title: RE: what type of motion to file for money due?
Post by: mistoffolees on Mar 29, 2007, 08:27:51 AM
I would guess that if the court never stipulated anything you can't file for contempt. You'd have to file for a child support plan. However, be aware that in my state, the court can not mandate paying for private school (if that's what you mean by 'school cost').

If they DID approve your agreement, then you'd file for contempt.
Title: RE: what type of motion to file for money due?
Post by: spinner on Mar 29, 2007, 08:46:04 AM
ok understood, it's for daycare cost after school.

that's the problem I cannot do contempt.
I will seek order with the CS plan

thanks
Title: RE: what type of motion to file for money due?
Post by: Jade on Mar 30, 2007, 07:07:30 PM
>I would guess that if the court never stipulated anything you
>can't file for contempt. You'd have to file for a child
>support plan. However, be aware that in my state, the court
>can not mandate paying for private school (if that's what you
>mean by 'school cost').
>
>If they DID approve your agreement, then you'd file for
>contempt.

Are you sure about that?  In my state, they can't mandate either parent tp pay for private school unless the child was already attending private school at the time of separation.  

Title: RE: what type of motion to file for money due?
Post by: mistoffolees on Mar 30, 2007, 07:34:02 PM
>>I would guess that if the court never stipulated anything
>you
>>can't file for contempt. You'd have to file for a child
>>support plan. However, be aware that in my state, the court
>>can not mandate paying for private school (if that's what
>you
>>mean by 'school cost').
>>
>>If they DID approve your agreement, then you'd file for
>>contempt.
>
>Are you sure about that?  In my state, they can't mandate
>either parent tp pay for private school unless the child was
>already attending private school at the time of separation.  
>
>

You're absolutely right - as I pointed out in the post above. The OP indicated that he meant day care cost when he said 'school cost'.