Filing contempt

[Ref]

I need a little help with this. My DH is looking into filing contempt against his ex. They just signed a parenting agreement in May of last year and she hasn't changed her attitude towards him at all. It states that she is to include him in all major decision making such as school and dances and doctors and fieldtrips. (I know. Dances and fieldtrips he would not stop SD from going to, but requiring him to be in on the decision making also at least lets him be informed that these events are going on.) It also says that she is to inform him of anytime SD is sick enough to go to the doctor or miss school. SD has missed some school this year and DH has not been notified by BM that SD was sick. SD usually calls when she gets sick to get simpathy and love, but BM never calls him. They have seperate lines and SD calls our 888# and BM does not. BM owes DH almost $300 for expenses that she is to split with him and has not paid a dime in about a year. She also owes $250 for a sanction that she got over a year ago.

Any advice? There is no way to document her not calling him about imprt. What evidence will the court need? He wrote her a letter telling her that it has been a year and she has not changed any of these things. If she doesn't respond to the allegations, does that help?

As far as the money is concerned, she is claiming that she is deducting all sorts of items from what she owes him (although she claims that he is extorting the money from her). None of these items are DH's responsibility. The only questionable items are paying the deductable for SD's therapy (she has not been diagnosed with anything as far as DH knows and she goes less than 1x a month). His agreement states that he is to pay for all reasonable and necessary medical costs. There is no legal definition that I could find in Fl Family Court for this. All I know is in the motion to deviate for childsupport guidelines, medical expenses are seperate from mental health expenses. Also, he feels it is not necessary. SD is not required to go for any particular purpose. She doesn't go often. BM is a counselor too, so she likes the thought of SD going to one as long as she doesn't pay. The therapist is a clinical social worker and not a psychiatrist or psychologist. The therapy center also offers message and yoga classes. I could go on. The other expense that is gray is a medical bill. SD's insurance (thru DH) rejected her medical expense for a sick visit. DH called and they told him to have the Dr resubmit it. BM never did and instead paid them the $50 herself. Now she wants to deduct that from him. He told her to submit a claim thru insuance and he would not deduct.

Please let me know your thoughts.

Ref

[awakenlynn]

I would keep up with the school.  Get their calendar, ask for all notes to be sent to you also.  Notate everytime something goes on that BM did not contact you for.  Get notes from the school.  If she goes to court request all communication be made thru certified mail.  Get a copy of any documents she "sent' you.  Bring in your phone bill.  It will show the number of times she called you and you called her.

Mail everything to her via certified mail so you have documentation asking her to follow the order.  Get an answering machine that takes tapes.  Make sure the time and date stamp remains accurate.  Do not answer the phone when she calls, see what type of message she leaves.  If she's not smart, she will incrimate herself on the tape.  Answereing machine tapes are allowed in court, since there is no expectation of privacy.  If she is smart and leaves a general message, call her back with a third party witness.  Take notes on what is said.  Use speakerphone if you can get away with it.  

For any medical bills she wants reimbursed, write her a letter that states that you will pay the insurance cost(if you are responsible), if she wants any other payment, the doctor's office must submit a bill to you showing what the appointment was for, what happened, and if it was submitted to the insurance company. If there is a deductible, mail them your half with a notation on the memo line.  Keep in touch with the doctor's office, mail them a copy of your court order.  Make a copy of the bill, and the check you write and mail a copy of them to the circuit clerk to be entered into your record.  When you go back to court, you should have plenty of documentation.  If you are paying your half of the bills, and show proof, the judge should tell the ex that she cannot make arrears where there are none.

This are things we have had to do, so and each case is individual.  "This is not legal advice"