Money BM owes...

[Apple]

BM owes DH $500 for a retainer he paid on her behalf about a year ago.  It was a retainer for the PC they're required to use.

Over the months we've tried collecting from BM.  We finally had an agreement that she'd pay us $10 a week (better than nothing!) until it's paid off.  We even agreed to let her wait until her husband was off disability to start paying. 

The day for the first payment came and BM didn't pay.  When DH asked her about it she said she's paid over $500 in the last year for a math tutor for SD (have never seen a receipt).  This tutor was hired by BM with no discussion with DH, nor did BM ask for money when she hired the tutor.  Never mind that SD math grade was never above a D all last year.  We believe BM hired the tutor to help her case in changing the girl's schools (which she did without DH's knowledge).

DH offered over and over to do the tutoring (for free obviously) but BM would never agree.  To add to it, we've paid over $2400 over the years for karate, swimming lessons and other various activities for the kids on our time (more than BM has paid for a tutor).

So, BM is now saying she will not pay us the $500 because we owe her more than that for the tutor and if we file in court for it she's sue is for ½ the tutor money.

Two questions.  Where do we file for the $500?  Family or Small Claims?  And, could DH be held accountable for ½ the tutor money? 

[ocean]

What does their agreement say about activities, school fees, other costs? If it says nothing, then she can not collect on that. If you have an order that she pay the $500, file contempt of court in child support court for failure to pay. You can file in family court intake office. Some places it is right inside family court, other places it is its own building soc all ahead, go very early, and take all documents with you. Then she will have to counter-file on you for the things she thinks are in the court order.

Look over the court order carefully. If you have activities, you can go after for half of what you paid out. You need to send her a registered/certified letter requesting payment so the courts can see that you tried. If you have this proof already, go file.

[Kitty C.]

Contact the tutor or agency who provided the tutor.  Ask for a copy of the receipt.  What you need FIRST is proof that there was one used....because to be honest with you, I'm not so sure she actually hired one.  Another thing to get from the tutor or agency...a copy of the contract.  There should be something in there....not necessarily a guarantee of good grades, but possibly a percentage improvement overall in the child's grades.  If that wasn't met (and it doesn't sound like it was), then tell your ex that you won't pay for anything that didn't do any good in the first place.

JMO....

[Apple]

The agreement says nothing about school fees etc. 

I know there is a tutor.  DH has emailed her and SD talks about seeing her.  About a year ago BM sent DH a copy of the 'contract' she created.  Payment wasn't based on SD grades.

We don't plan on trying to collect on money we paid for activities since there is nothing in the agreement that says the costs are shared.  I was just using it to point out with all both parties have paid, BM would owe us more than she's trying to collect from us.  We just want the $500 retainer.  We have a string of emails where BM is agreeing to pay and then suddenly says she won't (I'm sure she got mad about something we did or said).

Thanks for the help!

[Apple]

Would you suggest DH file in family court even if the agreement that DH and BM have for the PC isn't part of their divorce order?  The retainer came out of the contract they signed with the PC (Parenting Consultant). 

I'm double checking because DH's father sued BM in small claims court becuase she owed him $8k and judge told DH's dad to take it to family court.  But the $8k was specified in the divorce decree as being owed to him.  And I'm wondering if that's the key factor. 

DH got a quick response from his attorney on this issue and she said:

"you can try to go to conciliation court for these debts.  There's a specific provision that says the court doesn't have jurisdiction over family court matters but I can't find the provision so I don't know if it applies."

I'm sure she didn't do any research becuase DH's retainer is down to $0.  I'm trying to find the provision she's referring to, with no luck.