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Worried - My Daughters Father is Taking me to Court

Posted by on Apr. 23, 2013 at 2:58 PM
  • 20 Replies

Two weeks ago I got in an argument with my daughters father about a $75.00 hosipital copay that he got in the mail. Last month she went to the ER because she had a migrane for 3 days. Her grandmother took her since I was working and filled out her sons name for the billing info.

He called me saying that I have to pay it or things are going to get ugly. I refused as it is in his name and I will be paying $800 down payment next week to get DDs braces on.

I decided to fill out papers at court to take him back so that he will be responsible for 50% of her medical bills. He claims that he should not have to pay any medical copays or bills not covered by insurance since he provides the insurance.

This is not addressed in our current order since we signed an agreement out of court when in 2006 and had the court recognize it and just took care of the $ through the court.

The other day his mom informed me that he too has filed papers at court asking for my daughter to live there 50% of the time in hopes of getting out of paying support.

He has not mentioned this to DD - she is 14 and when I asked her if thats what she would like she said NO WAY!

I'm thinking he wont get it for a few reasons: he lives in his moms house with his wife and 2 other kids since they both filed for bankrupsy 2 years ago. There is no room there - she sleeps on the couch on his weekends. He's also never asked to see her outside of his every other weekend - he lives 8 blocks away and I've told him he can see her whenever he wants. He doesnt. He never calls DD ever! DD says she will go to court and tell them she doesn't want to. Him and his wife both have a history off addiction to heroin and pills - currently she has a script for suboxin. She has been in 8 car accidents since last year just recently totaling their car. His mom thinks he'll never get it and is definitely on my side but I can tell she doesn't want to get too involved since they live with her. About 6 yrs ago my daughter & his mom found him ODed on the floor with a needle in his arm - I don't know how to proove this though.

I'm still worried...what do you think? What would you do?


by on Apr. 23, 2013 at 2:58 PM
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Replies (1-10):
luckysevenwow
by Platinum Member on Apr. 23, 2013 at 3:07 PM
1 mom liked this

She's old enough to get a say now. I would find it highly unlikely that a jusge would give him what he wants.

Decemberlov
by Member on Apr. 23, 2013 at 3:10 PM

I think she is too...but I'm finding confliction info as to what is "old enough" some places I looked said over 12..others said 16.

Quoting luckysevenwow:

She's old enough to get a say now. I would find it highly unlikely that a jusge would give him what he wants.


mamabubbs
by on Apr. 23, 2013 at 5:15 PM

I doubt any judge is going to give him what he wants. Contact your attorney to get some peace of mind if you can afford to do so.

Did he go to the hospital after he ODed?

Decemberlov
by Member on Apr. 23, 2013 at 5:21 PM
Yes he went to the hospital..Not sure I could prove it with the hippa laws though
02nana07
by Ida on Apr. 23, 2013 at 8:44 PM

 Most states let the child at 12 so there shouldn't be a problem

02nana07
by Ida on Apr. 23, 2013 at 8:46 PM

 If you have the date or at least the month ask the court to request the papers if you can't afford an attorney they won't let you see them but they will consider them when making a decision

Quoting Decemberlov:

Yes he went to the hospital..Not sure I could prove it with the hippa laws though

 

MamaSnaps
by on Apr. 23, 2013 at 8:49 PM

What state? 
The judge is going to take her voice into consideration. Some states have a set age, others give more weight to the child for each year of age. She's of a good age to have a very heavy say in the matter.
The OD-your daughter can testify to what she saw.

I wouldn't worry. I'd just smile and wait to hear the judge tell him that he's not going to get out of support or 50% of the medical bills regardless of whether he provides the insurance.  

Decemberlov
by Member on Apr. 23, 2013 at 8:50 PM
we live in nj
SuperLooneyMom
by Member on Apr. 23, 2013 at 9:32 PM
1 mom liked this
You cannot request the info but a judge or (if possible) attorney can get a subpoena for the records. Going thru the right channels without breaking HIPPA can be possible


Quoting Decemberlov:

Yes he went to the hospital..Not sure I could prove it with the hippa laws though

Decemberlov
by Member on Apr. 23, 2013 at 9:36 PM
hopefully they will take my daughtets word for it...I can not afford a lawyer

Quoting SuperLooneyMom:

You cannot request the info but a judge or (if possible) attorney can get a subpoena for the records. Going thru the right channels without breaking HIPPA can be possible




Quoting Decemberlov:

Yes he went to the hospital..Not sure I could prove it with the hippa laws though

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