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how can I get her to pay?

Started by spinner, Jun 07, 2007, 08:46:21 AM

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spinner

Ok so beginning of school year ex-wife asked me to register our kid to daycare (after school care) and wrote on a signed letter (not a court order) that she would pay for 1/2 of it.
We are 1 year after and she has paid nothing.
I have tried contempt but the court said no court order = no contempt.

So I am contemplating my options.
anyone has an idea? I am thinking about small claim court (like judge judy) on TV to ask for a judgement against her as she broke an agrement we had (written to repay the money)

I can't se any other options, .. anyone has an idea?

mistoffolees

>Ok so beginning of school year ex-wife asked me to register
>our kid to daycare (after school care) and wrote on a signed
>letter (not a court order) that she would pay for 1/2 of it.
>We are 1 year after and she has paid nothing.
>I have tried contempt but the court said no court order = no
>contempt.
>
>So I am contemplating my options.
>anyone has an idea? I am thinking about small claim court
>(like judge judy) on TV to ask for a judgement against her as
>she broke an agrement we had (written to repay the money)
>
>I can't se any other options, .. anyone has an idea?

I would try small claims court, but they might just tell you it has to be resolved in family court. Your best chance to get it heard in small claims court is to tell them that it's not a child support issue but is rather a contractual issue unrelated to child support or custody. They MIGHT handle it in that case.

I would also suggest that you ask for a modification of your support order based on her agreement so that you can get this into your court order going forward.

spinner

yes, I think small claim. I am wording it that she and I had a written agreement point.
Once in front of the judge I'll let her explain why she doesn't want to pay for it, ...

I do not want it in the court order (in the family CS one) as this was for 1 year only and not going forward. I have all interest if this is not resolved to not have it in the court order and simply do as she did, tell her I'll pay 1/2 and collect what she owes me this way and let her pay for the full amount till the debt is paied.