Support Order mistake?

[Momto1yrold]

uncovered costs-new question at bottom?

What is the name of your state? NY

i went to court had original order set, her father pays so much a week, so much % of her health care premium, so much % of her daycare...They left out the copay and uncovered costs. My lawyer had to write to the judge explaining. Received reply from judge. He says were right it was left off. Judge Wrote to father asking him to sign paper to voluntarily amend the order. Father ignored paperwork and filed paperwork for downward modification stating he quit his job etc. Then went through trial etc. No mention of this problem. Find out nothing was done after trial was done so I ask lawyer to write again. He did and I receive today stating they are amending the order to include uncovered medical costs stating it was court error etc. Ok they changed the order stating that

"And the court having determined that:

-no health insurance coverage is available for the child, the child may be eligible for insurance under NYS Child health plus program..

This court finding that neither of the parties have health insurance coverage available it is hereby ORDERED that Custodial parent, shall immediately apply to enroll the eligible child for NYS child health plus and the NYS Medical assistance program


I have insurance and THIS AND my original order both list th amount he pays towards the health insurance premium provided BY ME!!! How can these people keep making these mistakes I mean its listed in original order that she was covered under me. I dont even think I could get the program. I am fine with my insurance and her drs. I dont want to change her insurance or her drs. This program is known to not cover certain meds and just drop people. I know people who have had it, I dont want it. Should I have it changed or just leave it.

It even on the next page lists the add on as Health insurance premium-ALL"Jane Doe(ME)" his percentage listed he pays then lists what I wanted it to be amended for on this page too as unreimbursed health related expense and his percent


Should I even bother with that tidbit or leave it alone? Will I get in trouble for not applying for it when I have my OWN health insurance for my child she is covered through my work. I really like her drs and dont even know if they accept that program. I dont even have the time to go through the hassle of applying and changing everything over. If I have it through work I am not eligible for that program.

 

[BL]

What is the name of your state? NY

i went to court had original order set, her father pays so much a week, so much % of her health care premium, so much % of her daycare...They left out the copay and uncovered costs. My lawyer had to write to the judge explaining. Received reply from judge. He says were right it was left off. Judge Wrote to father asking him to sign paper to voluntarily amend the order. Father ignored paperwork and filed paperwork for downward modification stating he quit his job etc. Then went through trial etc. No mention of this problem. Find out nothing was done after trial was done so I ask lawyer to write again. He did and I receive today stating they are amending the order to include uncovered medical costs stating it was court error etc. Ok they changed the order stating that

"And the court having determined that:

-no health insurance coverage is available for the child, the child may be eligible for insurance under NYS Child health plus program..

This court finding that neither of the parties have health insurance coverage available it is hereby ORDERED that Custodial parent, shall immediately apply to enroll the eligible child for NYS child health plus and the NYS Medical assistance program


I have insurance and THIS AND my original order both list th amount he pays towards the health insurance premium provided BY ME!!! How can these people keep making these mistakes I mean its listed in original order that she was covered under me. I dont even think I could get the program. I am fine with my insurance and her drs. I dont want to change her insurance or her drs. This program is known to not cover certain meds and just drop people. I know people who have had it, I dont want it. Should I have it changed or just leave it.

It even on the next page lists the add on as Health insurance premium-ALL"Jane Doe(ME)" his percentage listed he pays then lists what I wanted it to be amended for on this page too as unreimbursed health related expense and his percent


Should I even bother with that tidbit or leave it alone? Will I get in trouble for not applying for it when I have my OWN health insurance for my child she is covered through my work. I really like her drs and dont even know if they accept that program. I dont even have the time to go through the hassle of applying and changing everything over. If I have it through work I am not eligible for that program.

It's probably another mistake , overlooking you have health ins. , but the Court was focusing on the Father being unemployed and unable to contribute .

Maybe the Court felt since the Father couldn't pay , you couldn't afford the health care either .

As long as you keep coverage , it's your choice , I'd say , otherwise you should apply as per Courts instructions .

You may be able to have it amended again saying Mother is supplying heath care coverage ??

 

[Momto1yrold]

It's probably another mistake , overlooking you have health ins. , but the Court was focusing on the Father being unemployed and unable to contribute .

Maybe the Court felt since the Father couldn't pay , you couldn't afford the health care either .

As long as you keep coverage , it's your choice , I'd say , otherwise you should apply as per Courts instructions .

You may be able to have it amended again saying Mother is supplying heath care coverage ??

Yeah I am going to call and ask court maybe they can see why they did it.

Its just odd that the ORIGINAL order had me as supplying it and they even listed the Health insurance PRemium expense as a "add on" ON the AMENDED order *shakes head*. It just takes so long for them to even address the issue and now this. They have it recorded too and how much i PAY. The amended order says he pays the health insurance expense VIA SCU and then the uncovered part payable "Direct" so I assume thats directly to me? Why on one part he PAYS a certain amount of the premium and one other part theres no coverage.

Thank you for the reply. I do appreciate it. I just received the papers today and cant call lawyer or family court.

 

[Momto1yrold]

UPDATE
I talked to laywer he said its just a form or etc and not to worry about it and he said I can send the copies for him to pay for the last 2 yrs now. So I sent it out today. Lawyer said write something like "here is your share of uncovered medical costs. Please send payment within 30 days". I cannot afford to have my lawyer send these though.

Is that reasonable amount of time how long is this time normally. I do not have contact with him and am really worried about him saying I wrote something threatening. Is there a way to do this without putting myself out there couldnt I just go straight to support enoforcement unit and have them add it to arrears. Id rather not send these myself leaving the door open for vulnerability, im not talking about handwriting im talking about a different form he could always send the paper through his printer saying I typed a threat on the back. Im really worried only because he tried to say I was threatening him by phone about a yr and a half ago when I wasnt he made up some wild stories so he has quite the imagination.

How does everyone else handle this?

 

[MrsK]

UPDATE
I talked to laywer he said its just a form or etc and not to worry about it and he said I can send the copies for him to pay for the last 2 yrs now. So I sent it out today. Lawyer said write something like "here is your share of uncovered medical costs. Please send payment within 30 days". I cannot afford to have my lawyer send these though.

Is that reasonable amount of time how long is this time normally. I do not have contact with him and am really worried about him saying I wrote something threatening. Is there a way to do this without putting myself out there couldnt I just go straight to support enoforcement unit and have them add it to arrears. Id rather not send these myself leaving the door open for vulnerability, im not talking about handwriting im talking about a different form he could always send the paper through his printer saying I typed a threat on the back. Im really worried only because he tried to say I was threatening him by phone about a yr and a half ago when I wasnt he made up some wild stories so he has quite the imagination.

How does everyone else handle this?

Yeah, I'd say that its probably unreasonable to ask him to pay TWO YEARS of medical expenses in 30 days, assuming your child has the 'normal' amount of medical expenses ever year. If the child has been particularily ill, its even more unreasonable. I dont know what the total cost (his portion) for the past 2 yrs is, but you may consider giving him a little more time if its a high amount. If its not a lot, maybe he will be able to pay it, but I am sure over 2 yrs the portion he is supposed to be reimbursing you is probably a chunk- One of my children alone has had $130 in uncovered medical expenses this month alone, if I added up the past 2 yrs, it could be quite a lot. I mean lets just say its $500- would you be able to come up with $500 in 30 days? How about $1000? See my point? A lot of ppl would have trouble coming up with large sums of money within a month. How much does he owe, exactly?

Does your new order say how many days he has to reimburse you for current bills?

 

[Momto1yrold]

Yeah, I'd say that its probably unreasonable to ask him to pay TWO YEARS of medical expenses in 30 days, assuming your child has the 'normal' amount of medical expenses ever year. If the child has been particularily ill, its even more unreasonable. I dont know what the total cost (his portion) for the past 2 yrs is, but you may consider giving him a little more time if its a high amount. If its not a lot, maybe he will be able to pay it, but I am sure over 2 yrs the portion he is supposed to be reimbursing you is probably a chunk- One of my children alone has had $130 in uncovered medical expenses this month alone, if I added up the past 2 yrs, it could be quite a lot. I mean lets just say its $500- would you be able to come up with $500 in 30 days? How about $1000? See my point? A lot of ppl would have trouble coming up with large sums of money within a month. How much does he owe, exactly?

Does your new order say how many days he has to reimburse you for current bills?

Yeah its about $525. I just went by what Lawyer said. Lawyer said usually court orders have the time limit to pay listed as well. But they didnt in mine(they seem to be doing a lot of things different in my case). I tried sending some bills to him back last yr before I retained my lawyer (which would have been less obviously but then after I found out he didnt legally have to pay cause it wasnt listed in order) but he didnt accept the certified mail. So really its not my fault and if he replies asking if he can pay so much monthly I have no problem with it but my lawyer doesnt think he will even do that we think hes going to ignore it like last time, So we will see. I dont know the actual rules of doing this so I want to be sure im ok and not leaving myself open for something.

How much time is reasonable for this amount? I mean he heard this there in court he even asked if I could hold some of the copayments and just send every once in awhile so he can send one money order. He knew he had to help but he refused the certified mail.

Say he makes up a story saying I put a threat in there, what type of proof will he need. I know he is gonna try something.Is there a safer way of doing this like giving the bills to the support unit? Say he ignores this letter and just says screw that im not paying. What do I have to do then?

 

[babymakesone]

Would he be responsible for the uncovered bills from before the modification?

 

[Momto1yrold]

Would he be responsible for the uncovered bills from before the modification?

Yes it says it was actually amended not modified and it was court error and is retroactive.

 

[Momto1yrold]

question about uncovered medical costs

I posted here about the uncovered medical costs being reimbursed by my daughters father.

I sent him copies and his share etc.

Now the Certified Mail was delivered over 30 days ago maybe 35 or more. Ok I know he is just going to ignore this. Now what do I do? I dont want to be frivolous but if I wait and wait, the time to recover these costs will pass by. The amount is around $500+. He didnt sign for the letter himself but his step son signed for it does that change things?

What do I do, do I send another letter or just bring it to court. I was told I have to file a violation. I was waiting to combine the two violations into one. He was terminated first week of Nov (says the employer) and I have to wait another week before I could bring him into court for non payment of CS (I was told 3 consecutive weeks of non payment) hes had missed payments in between though. I do not want to look like a witch but what should I do about the medical costs? He has not even wrote back saying when he can pay it or etc. I would accept a portion and if he asks to pay so much a month to get caught up fine but nothing no reply at all. From his actions in previous months and yrs he will ignore this. Support case worker said I would have to file a violation to get it and they cant help me with that part.

Any advice?

 

[ceara19]

I have to wait another week before I could bring him into court for non payment of CS (I was told 3 consecutive weeks of non payment)

Who told you this? Child support is due on a MONTHLY basis. The payments are often broken down to correspond with the parents pay periods, but that does not change the date that the payments are actually DUE. Double check that information, because three consecutive PAYMENTS, would be 3 MONTHS, not three WEEKS.

 

[Momto1yrold]

Who told you this? Child support is due on a MONTHLY basis. The payments are often broken down to correspond with the parents pay periods, but that does not change the date that the payments are actually DUE. Double check that information, because three consecutive PAYMENTS, would be 3 MONTHS, not three WEEKS.

Im not sure if your in NY or not. I am in NY. But this info is straight from my case worker/investigator. The person on the hotline even told me I cant violate him for the payments until 3 missed payments. Where I live its due WEEKLY not MONTHLY. Last month the man was telling me to violate him because of the nonpayments, he wouldnt tell me if I couldnt. His arrears have doubled since hes had this job skipping payments and nothing towards arrear. Then the last week of Nov a payment from that same employer (that says he doesnt work there as of Nov 3rd) went into the system (maybe a vacation check or something he was entitled to (we dont know).

This is not like a new thing, hes been doing this on and off for past 2 yrs. HE decided NOT to send payments when judge told him in beginning. HE DECIDED to QUIT his good paying job to avoid support, HE DECIDED to not send extra for his arrears. He is doing something illegal. One cant afford $3500 a month in expenses if everyone in household is not working.

Only thing that will bother him is jail or his license being suspended (which I was told is 4 months of arrears-half way there for that). Not sure if I'll get anything from taxes cause he doesnt file every year.

I dont plan to violate him on the nonpayments right now, im waiting til after christmas or longer for that (cause im as well moving this month and have so much going on right now).

I'm more curious about the UNCOVERED MEDICAL COSTS, what is the time frame for this. He has not replied to my certified letter not sent anything nothing. His step son signed for it.

My lawyer was also telling me if he blows this certified letter off just file a violation on both items (but then that last payment came through). I will call lawyer on Wednesday just trying to save money here. Thanks for the time.

 

[stealth2]

Having an order out of NY, I seriously doubt that it's 3 weeks unpaid and you can file for arrears. I was told 3 months, regardless of how often the payments are to be made.

As for the medical reimbursements, if he refuses to pay, file against him for contempt. Then the judge will decide how and when he's to reimburse you.

 

[BL]

FYI

http://www.trainingspace.org/cse/module01/07_supEnf/_pg07_adAct_05_dricLic.cfm

http://www.trainingspace.org/cse/module01/07_supEnf/_pg07_adAct_05_dricLic.cfm

 

[Momto1yrold]

FYI

http://www.trainingspace.org/cse/module01/07_supEnf/_pg07_adAct_05_dricLic.cfm

Yeah I knew this and hes over 2 months behind in arrears. The part I didnt understand is the below self reserve income. Well if he has no income (supposedly) would that be considered below self reserve?

Hes being dumb and they are believing him. In court this past yr he listed $3500+ in expenses monthly and he stated he was making $300 gross weekly and wife was not working and she wasnt getting support(he said it we didnt ask-he listed all this, I frankly could care less) but it makes his "story" less believable. You cant live on $267 a week and keep house, cars, cable, internet, etc.

Im not really that worried about arrears. just trying to find out how long I am allowed to wait on the medical costs being the age of the bills( some being 2 yrs old but orde ris retroactive). I dont want to wait too long and have them say oh you shouldnt have waited this long.

But I also wanted to combine the two violations into one saving myself lawyer fees. I was told he is allowed a court lawyer because he "could"(not likely but chance is there) get jail time for a violation of support order. If he gets a lawyer my lawyer said I should get one too. This lawyer is not looking for money and has in fact given me couple breaks so hes not out to get my money and I was referred by a family member who went to school with him.

 

[Momto1yrold]

Having an order out of NY, I seriously doubt that it's 3 weeks unpaid and you can file for arrears. I was told 3 months, regardless of how often the payments are to be made.

As for the medical reimbursements, if he refuses to pay, file against him for contempt. Then the judge will decide how and when he's to reimburse you.

I dont know why both would tell me that then. Case worker said to me if I were you I'd take him to court and violate him. This case worker has seen the crap this guy has done.
Hes talked with him before this past yr.

He has arrears more than 3 weeks so its not like oh he missed 3 payments im taking him to court. I was expecting modification papers in mail from him by now (he did same thing last yr around this time)but not exactly sure what the heck he is doing.