To go to court...or not

[dipper]

Soc,

My ss needed counseling.  We live in Virginia.  Parents share joint legal custody.  My hubby requested counseling and gave his reasons.  Again, this came up with the mother fussing about it and stating that she would not pay.  My husband told her he would arrange for the appointments.  He and I met with a counselor who agreed that ss is at risk because of his behaviors and that they need to be dealt with.  

The bio mom was provided with the same papers dh was on information about the counselor. She also had to sign a consent form before counselor would see ss.  Bio mom went in to see counselor and was 'very willing' to help in any way possible.  My hubby had requested medical information that was never given to him (in three years) so as to have the medical work-up done.  BM told counselor she was going to do it.

Yesterday hubby received letter stating that counseling was done behind her back, she is not going to pay any part of the bill, and that money he reimbursed her for counseling - which she had not paid after all - she used for a physical for ss.  Now, the counselor requested a work-up.  BM had a physical because she signed ss up for basketball practice during dh's time.  DH was just informed of this yesterday.

1)  Dh has always paid medical bills that he never had prior knowledge of.  She had prior knowledge and even said that she would take ss if insisted.....can she refuse legally to pay her big $7.50 per visit?



2) DH had told her that he would take ss to all appointments with counselor.  Starting with the first one, she refused and insists that SHE be the one to take him.  Isnt dh allowed to take him as he scheduled appointments for his days?



3)  She chose to pay her share of the physical which she says was requested by counselor.  Is she allowed to pick and choose bills?




4)  DH has went to the school and found out his son is failing and he was not notified by his ex of anything, IEP meeting already held and classes switched.  For once she made the 'mistake' of sending a copy of the doctor bill - which gave dh the info needed to contact the doctor - letter going out tomorrow.  I will be merciful as there are so many violations that I could list ......................but, the main question here is.......Would dh be effective in bringing this to court without a lawyer?  We simply cannot afford one.




Also.....garnishment.  He sent a proposal to her after winning in civil court for over $2000 she owes him.  Her response, " I will not pay the proposed payment plan that was set up without my knowledge and concent..."  The concept of proposed escapes her.  She is insistent that she is sending $25 per month - which would take over nine years.  DH is filing this week for garnishment of her wages.  

A)  IN garnishment, do the courts evaluate her wages or just go by the amount owed and break it down into a set time frame?




Thank you...sorry it is so long -winded....

[socrateaser]

>1)  Dh has always paid medical bills that he never had prior
>knowledge of.  She had prior knowledge and even said that she
>would take ss if insisted.....can she refuse legally to pay
>her big $7.50 per visit?

Your facts indicate that BM signed a consent form. If so, that would be the dispositive act, i.e., BM consented to the counseling, and therefore is bound to pay her fair share, as provided for in the consent form itself, or in the court orders, whatever they may be.
>
>2) DH had told her that he would take ss to all appointments
>with counselor.  Starting with the first one, she refused and
>insists that SHE be the one to take him.  Isnt dh allowed to
>take him as he scheduled appointments for his days?

This is irrelevant. #1 covers everything.

>
>3)  She chose to pay her share of the physical which she says
>was requested by counselor.  Is she allowed to pick and choose
>bills?
>
This is a seperate issue. You are both bound to pay for unreimbursed healthcare expenses as provided for in your court orders.

>
>4)  DH has went to the school and found out his son is failing
>and he was not notified by his ex of anything, IEP meeting
>already held and classes switched.  For once she made the
>'mistake' of sending a copy of the doctor bill - which gave dh
>the info needed to contact the doctor - letter going out
>tomorrow.  I will be merciful as there are so many violations
>that I could list ......................but, the main question
>here is.......Would dh be effective in bringing this to court
>without a lawyer?  We simply cannot afford one.
>
I don't know the total amount of money at stake. Most courts will not entertain a legal action where the amount in controversy is less than $20-30 dollars. The doctrine of "di minimis non curat lex" (the law does not deal with trifles) comes into play here. As you don't list all of the violations, and your proofs, I cannot say whether you have a viable case, but if the issue is for less than $100, then you might want to just keep a log and let it go until the violations amount to something of $500 or more.

>A)  IN garnishment, do the courts evaluate her wages or just
>go by the amount owed and break it down into a set time
>frame?

In a collection action on a regular civil debt (not child/spousal support or a tax lien), you (judgment creditor) or your representative  (garnishor) file papers with the court clerk, who then issues a writ of garnishment, and then you serve the debtor's employer (garnishee), who will deduct up to 25% of the net disposable income of the debtor from each paycheck, until the garnishment is satisfied, or expires (typically in 90 days). If after 90 days, the garnishment is not satisfied, then you file and serve new papers with the clerk, get a new writ, and do it all over again, and again, and again.

Thus, the court is not actively involved in the amount to be collected. However, if the debtor is already garnished, via a child support in an amount greater or equal to 25% of his/her net disposable income, then you cannot collect any amount until the support and tax collections are first satisfied.