My ex is not paying the medical bills he was ordered to pay, can I file an enforcement for payment?
Yes, but make sure that the order you are trying to enforce is clear on how payment should be made.
My ex is not paying child support, can I file an enforcement?
Yes. Child support along with medical reimbursement are the most common enforcements filed in family courts. You can also file for possession and access to your children.
Is there a waiting period in filing an enforcement?
Generally, no. If the person is violating the order, it is best to file it immediately. However, here at the Vitelli Law Firm, we are very cognizant of our client's financial interest. If your ex is behind in child support, we make sure that it is a sizeable amount. In plain terms, we would not suggest filing a $5000 law suit to recover $2000 in back child support. Wait it out a little to see if payment is made. Once the payments exceed $5000 it is then suggested to file and enforcement.
Can my attorney ask that my ex pay my attorney fees for me having to sue him/her to enforce our divorce decree?
Absolutely! At the Vitelli Law Firm, we always ask for attorney fees to be paid by the other party.
Will I be required to attend mediation during my enforcement?
Potentially yes. Most courts require mediation to settle the issues out of court prior to any final hearing.