Need help deciding what to ask for in court on Jan.30

[morgan]

Both parties reside in Indiana.
 Order on Contempt Petitions dated 6/1/05 states under #6 It is further ordered, adjudged and decreed that respondent shall pay his share of orthodontia expenses to Dr.--- --- in the amount of $1,771.00 and shall submit to petitioner and to the court proof of payment or satisfactory arrangements therefore within 30 days.

Nov.8, 2005 ORDER
The respondent is in contempt for failing without justification or excuse, to abide by the Courts Order to pay past due uninsured dental expenses to Dr. ------'s office in the amount of $1,771.00. For willfully disregarding this courts order, respondent shall be sentenced to the -- County Jail for a period of 30 days beginning Nov. 15, 2005 at 5:00pm, unless respondent fully complies with this courts order of June 1, 2005 prior to said date and time. Respondent shall pay Petitioners' attorney fee within 30 days. (leaving the balance $399.34 19%for me)

Jan 30, 2005 ORDER
Petitioner (me) files Motion for Enforcement of Order of Nov. 7, 2005. And the court being duly advised in the premises, NOW FINDS that this matter should be set hearing on Jan. 30 2006 and respondent, name, is ordered to appear.

More FACTS:
Respondent has harrassed the Dr. about "not properly filing insurance" he wanted it filed as a medical bill, instead of just orthodontic. Which the judge heard all of his reasons in court in June and still ordered him to pay the $1, 771.00 Last week, the orthodontic office wrote off the balance of $1,185.00 because of the phone calls she was receiving at home from respondent. I am not sure what is right for me to ask for on Jan 30th.

Total bill $3,800.00, ins. pd $1,539.66, write off $1,184 I have paid $661 and he has paid $412.00 to office. Would it be right that I ask for him to pay me the difference of $661 and the amount I was ordered to pay $399.34? Or total 3800, less ins and w/o, his 81% would then be 798.93 and mine 187.40 and then I should receive $449.60.

My attorney and I are having a disagreement on this issue. He thinks we should not go to court on 30th if he pays him the $400 owed by 30th, since there is no bill left at Orthodontic Office there is nothing to go to court about.  I want to do what is right. I have read your post for years and I value your opinion. Please advise. Thanks

[socrateaser]

>Total bill $3,800.00, ins. pd $1,539.66, write off $1,184 I
>have paid $661 and he has paid $412.00 to office. Would it be
>right that I ask for him to pay me the difference of $661 and
>the amount I was ordered to pay $399.34? Or total 3800, less
>ins and w/o, his 81% would then be 798.93 and mine 187.40 and
>then I should receive $449.60.
>
>My attorney and I are having a disagreement on this issue. He
>thinks we should not go to court on 30th if he pays him the
>$400 owed by 30th, since there is no bill left at Orthodontic
>Office there is nothing to go to court about.  I want to do
>what is right. I have read your post for years and I value
>your opinion. Please advise. Thanks

Maybe I'm misssing something, but $3,800 - 1539.66 - 661 - 412 leaves $3.34 owing to the dentist. I doubt that the dentist will be coming after anyone for that amount.

So I'm not sure where your other numbers are coming from, because is appears to me that this bill is paid in full.

If so, then the matter is moot, i.e., a controversy must exist at all points during the action or the court will dismiss for lack of judiciable controversy.

If the ex managed to get the dentist to waive a large part of the bill, then that's the same as paying it, unless it was achieved by means of threat or intimidation, in which case, it's up to the dentist to contact the DA. Otherwise, this issue is closed.

If there are attorney fees outstanding, then that would be the only reason to go back to court. Otherwise, your ex has managed to escape the hangman's noose by scaring away the hangman, as it were.

If so, more power to him.

So, in short, I agree with your attorney, unless there's some other issue that can be addressed, such as attorney fees.

[morgan]

Thank you for your legal opinion. I got the other #'s simply by using the amount the judge ordered each of us to pay. He was ordered to pay
$1771.00, and he has not done that. I paid the $661 only because I was asked to start paying on his portion of the bill by the ortho office (I signed the contract for the service). Even if you consider the write off and the $412.00 as his payment, he still has not paid what was ordered.

The bill is paid in full, but I have clearly paid more than what I was ordered to pay and I was counting on the refund to help pay for other things. Since, he didn't actually pay the amount he owed, then I truly felt that he should have to come up with it.

One could say that it was my fault that I paid more than what I was ordered, but I was acting in the best interest of the relationship between the doctor and client. As the custodial parent we are required to do that if we want our children to receive services. Thanks again.

[socrateaser]

OK, now I get it: 1771-1185-441=175, so he's under paid 175 to the dentist,, and you've overpaid 175, so he owes you 175. That means he's still in contempt for that amount of what he was ordered to pay.

I don't know if that's worth going to court for you or not, but if you do, then he'll be found in contempt and ordered to pay you the $175.