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Worried - My Daughters Father is Taking me to Court

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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
Replies (11-20):
boys2men2soon
by Kimberly on Apr. 23, 2013 at 10:47 PM

I wouldn't worry.  He is grasping at straws.   He does not have a stable, secure home.   At 14, she will likely have a say.

Decemberlov
by Member on Apr. 24, 2013 at 3:03 PM
1 mom liked this

I spoke with a lawyer that I have known for a few years now...we just happend to cross paths today :) He specializes if family law. He offered to take the case for $1000 (he normally does $2500).

I'm very glad I spoke with him. He informed me that as of 2 yrs ago in NJ they hardly ever take the childs opinion in the matter. It is up to the specific judge and 99% the do not speak to the children.

He will subpoena the hospital records for the overdose, the wifes suboxen prescriptions, car accidents and more. He is confidant that I will walk away with more childsupport, at least 50% of medical bills and him with no more visitation time than he has now - if any.

I will also be asking the court for him to reimburse me for my lawyer fees.

Feeling just a little bit better today :)

MamaSnaps
by on Apr. 24, 2013 at 3:04 PM
1 mom liked this

That's awesome for you!!! 

Decemberlov
by Member on Apr. 24, 2013 at 3:06 PM

Thank you! I feel so relieved...now to come up with the money lol. Back to being crazy frugal mom for a bit. It will all be worth it in the end - I'm confidant!

Quoting MamaSnaps:

That's awesome for you!!! 


kthomasson
by Member on Apr. 24, 2013 at 3:57 PM

Generally by the time they are your daughter's age they take her wishes into account ALOT.  Also, how will he pay for attorney's fees when he's living with his mother?  I think it's probably alot of huffing and bluffing on his part over a measly $75.   He'll be lucky if they don't increase his child support and make him responsible for 50% of her medical and dental.  What a jackass.  Also, I'd bring up concerns over the past addiction issues and ask for a drug test.  Volunteer to take one yourself and say that someone who has nothing to hide should take one as well.

PinkButterfly66
by on Apr. 24, 2013 at 4:05 PM

You get your attorney to get sworn affidavits from both your daughter and his mother and submit them as evidence in court.

PinkButterfly66
by on Apr. 24, 2013 at 4:07 PM

You can get his mom subpoenaed to testify in court.  Go to the courthouse and ask the clerk how to do it.

Quoting Decemberlov:

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


PinkButterfly66
by on Apr. 24, 2013 at 4:08 PM

Yay!

Quoting Decemberlov:

I spoke with a lawyer that I have known for a few years now...we just happend to cross paths today :) He specializes if family law. He offered to take the case for $1000 (he normally does $2500).

I'm very glad I spoke with him. He informed me that as of 2 yrs ago in NJ they hardly ever take the childs opinion in the matter. It is up to the specific judge and 99% the do not speak to the children.

He will subpoena the hospital records for the overdose, the wifes suboxen prescriptions, car accidents and more. He is confidant that I will walk away with more childsupport, at least 50% of medical bills and him with no more visitation time than he has now - if any.

I will also be asking the court for him to reimburse me for my lawyer fees.

Feeling just a little bit better today :)


Decemberlov
by Member on Apr. 24, 2013 at 4:25 PM

He makes close to $70k a year and lives with his mom. No apartments will rent to him and his wife because they files for bankrupsy. The money is there - just mismanaged.

My lawyer will be bringing up all the points you have made :)

I will absolutely volunteer for a drug test!

Quoting kthomasson:

Generally by the time they are your daughter's age they take her wishes into account ALOT.  Also, how will he pay for attorney's fees when he's living with his mother?  I think it's probably alot of huffing and bluffing on his part over a measly $75.   He'll be lucky if they don't increase his child support and make him responsible for 50% of her medical and dental.  What a jackass.  Also, I'd bring up concerns over the past addiction issues and ask for a drug test.  Volunteer to take one yourself and say that someone who has nothing to hide should take one as well.


Decemberlov
by Member on Apr. 24, 2013 at 4:26 PM

Great idea! I will definitely be asking the lawyer about this!!

I think he's dug his own grave on this one!

Quoting PinkButterfly66:

You can get his mom subpoenaed to testify in court.  Go to the courthouse and ask the clerk how to do it.

Quoting Decemberlov:

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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