In your final divorce decree, you likely agreed to split any uninsured medical expenses 50/50 with your ex-spouse. While this arrangement may seem fair in theory, it can create significant challenges if your ex-spouse refuses to pay their share of the medical bills. Managing post-divorce issues like this can be particularly difficult, especially as medical expenses accumulate and your ex-spouse fails to contribute. This refusal not only adds financial strain but also increases emotional stress, further complicating an already complex situation. Handling these unresolved obligations requires careful planning and, when necessary, legal intervention to ensure fair resolution.
In response to a situation like this, people commonly file an enforcement lawsuit. Essentially, you would hire an attorney to file a lawsuit that cites the specific section of your divorce decree obligating your ex-spouse to pay their share of these uninsured costs. Then, you would seek some sort of penalty for their failure to do so—usually, money judgments totaling up to $500 per violation, in addition to actually reimbursing the owed amount.
Child Support Orders cover medical expenses as well
In addition to child support, most divorce decrees include provisions for health insurance and mandate that parties split uninsured medical expenses 50/50. The parent who pays the costs upfront will receive reimbursement from the other parent.
As a side note, parents often ask me how to better manage and remember requests for these types of costs. It’s easy to forget to inform your spouse about them or to neglect paying them after making a request.
The Office of the Attorney General collects payments for child support in Texas
The Office of the Attorney General (OAG) is the state agency that facilitates the payment of child support in Texas from the payor ex-spouse to the payee ex-spouse. It is probable that if your ex-spouse is current on their child support they would not offer you any assistance in trying to win back money from medical bills that have not been paid.
Getting a court order enforced in Texas
Unfortunately, the option that you need to pursue should your ex-spouse not pay child support on time and in the full amount ordered is to file an enforcement lawsuit. You can attempt to recover money owed to you in either medical support or child support and collect fines of up to $500 per violation of the court order. Enforcement cases are also partial criminal cases which means that your ex-spouse runs the risk of serving time in jail for not paying child support.
The process for beginning an enforcement case is similar to that of starting a divorce. You would file your enforcement lawsuit and have it served upon your ex-spouse. He or she would respond to the lawsuit with an Answer. In most enforcement cases, judges hear the arguments from both parties, allowing you both to submit evidence for the judge to consider in making a ruling.
How rights and duties are divided up in a Texas divorce
When we consider the division of rights and duties between you and your child’s other parent it should come as no surprise that these are the issues that are among the most contested in any divorce. In a Texas family law case, all rights regarding a child are divided up as follows:
-exclusively the right of one parent or the other
-the right of both you and your ex-spouse; subject to the agreement of the other
-a right that you and your ex-spouse hold independently of each other
You and your ex-spouse share many rights where neither of you can decide without the agreement of the other. This can prove to be a difficult part to manage. Essentially you and your ex-spouse may be in a position where you are unable to move forward with a decision because your ex-spouse does not agree with you. Issues relating to the school and medical care come to mind as especially frustrating in this regard.
If you and your ex-spouse are not able to agree on how to handle a particular issue related to your child there are two outlets for most divorced parents. The first is that in some Final Decrees of Divorce there is a neutral, third party appointed as a tie-breaker who can make the final call on a decision that has stymied you and your ex-spouse. The other option is the far less desirable one- go to court for the judge to play a tiebreaker.
Independent rights held by you and your ex-spouse
Usually, you cannot just decide for your child even if your Final Decree of Divorce says that you can. In actuality, you will likely need to provide some notice to your ex-spouse of an issue and your intention to make a decision regarding it. This allows your ex-spouse to at least have some say in the matter and to allow you both an opportunity to talk through decisions that each of you is lawfully able to make on your own.
Consider, the example of being able to consent to surgery for your child that involves an invasive procedure. Most final orders typically include a requirement stating that you must provide written notice of the procedure to your ex-spouse at least 14 days in advance of the scheduled date. This notice usually contains specific details such as the doctor’s information, the location of the surgery, and contact information. Unfortunately, it is not always the case that your ex-spouse will consult with you before deciding on this sort.
Having the right to designate the primary residence of your child
The right that is the most fought over in a divorce is without a doubt the right to decide where the primary residence of your child should be. In a Texas divorce, typically, one of the parents—either you or your child’s other parent—is designated as the parent with this right. The court then grants the other parent visitation rights under the court order. Most divorcing parents settle this issue on their own without going to trial, although in some cases parties will have this issue decided by a judge.
Parents can resolve this issue by mutually agreeing that neither will be designated as the parent with the authority to determine the primary residence of the child. Instead, they can insert a geographically restricted area within which the child can reside. It may be within a certain school district or another area that you and your ex-spouse can agree upon. I have had clients who, along with their spouse, agree that a certain school district is preferable to any other in their area and will agree to have a geographic restriction inserted that unless and until additional modifications the parties shall not reside outside of that school district.
Conclusion
Navigating the aftermath of a divorce often brings numerous challenges, especially when it comes to managing shared financial responsibilities like medical expenses. Even when agreements are clearly outlined in the final divorce decree, post-divorce issues can arise if an ex-spouse refuses to uphold their obligations, particularly when it comes to paying medical bills. This refusal can lead to significant financial strain and emotional distress, adding complexity to an already difficult situation.
If you’re facing this challenge, it’s important to know that you’re not alone. Seeking legal guidance and exploring options for enforcing the terms of your divorce decree can provide avenues for addressing an ex-spouse’s failure to pay their share. By taking proactive steps, individuals can work towards resolving these financial disputes and reducing the burdens associated with post-divorce issues, ensuring a more manageable and fair outcome.
Questions on rights and duties for your child after a divorce? Contact the Law Office of Bryan Fagan, PLLC
If you have any questions after hearing read today’s blog post or are seeking clarification on anything that you’ve read please do not hesitate to contact the Law Office of Bryan Fagan, PLLC. We work alongside folks just like you in our community and take a great deal of pride in being able to help them.
Our licensed family law attorneys provide free consultations six days a week, during which a practicing family law attorney can answer your questions and address your concerns. We thank you for your time and interest in reading today’s blog post and we hope to have you back tomorrow as we continue to discuss relevant family law issues in Texas.
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Bryan Fagan, a native of Atascocita, Texas, is a dedicated family law attorney inspired by John Grisham’s “The Pelican Brief.” He is the first lawyer in his family, which includes two adopted brothers. Bryan’s commitment to family is personal and professional; he cared for his grandmother with Alzheimer’s while completing his degree and attended the South Texas College of Law at night.
Married with three children, Bryan’s personal experiences enrich his understanding of family dynamics, which is central to his legal practice. He specializes in family law, offering innovative and efficient legal services. A certified member of the College of the State Bar of Texas, Bryan is part of an elite group of legal professionals committed to ongoing education and high-level expertise.
His legal practice covers divorce, custody disputes, property disputes, adoption, paternity, and mediation. Bryan is also experienced in drafting marital property agreements. He leads a team dedicated to complex family law cases and protecting families from false CPS allegations.
Based in Houston, Bryan is active in the Houston Family Law Sector of the Houston Bar Association and various family law groups in Texas. His deep understanding of family values and his professional dedication make him a compassionate advocate for families navigating Texas family law.
