momonthego
(New)
06/27/08 06:56 PM
65.6.15.20
So disgusted! Feedback please!

I am new to this forum, so please bear with me! I am just disgusted and exasperated! Posted this on the state part of this forum (for WY) but am getting no replies at all. Do not live in WY now and have not lived in WY for approximately 8 years.

Existing court order established in WY is approximately 12 years old. Lived in WY for many years, however, relocated approximately almost eight years ago to financially advance with another job opportunity. Have two kids with this ex and two kids from a former marriage. Raise four kids alone. It has not been easy, but thus far, we are squeaking by.

This gentleman (and I use that term loosely!) is a governmental worker who resides in WY. Was ordered to pay a nominal amount of child support then, being the kids were very young. He fell into arrears quickly and subsequently was hit with a withholding order in the early 1990's. Was also ordered to provide medical insurance, of which he may have put the kids on the policy, however, did not ever provide the provisions necessary for the kids to utilize the insurance and did not provide these provisions (policy provisions, insurance cards etc) to the court. When I moved with the kids, they were all uninsured and I paid for all costs on medical out of pocket. I have billed him in writing many times for these costs and requested insurance cards and policy provisions on many occasions. He was also ordered at that time to pay half of all expenses not covered by insurance. Since 2003, I have obtained medical insurance through my employer, which costs me approximately $1000.00 per month after taxes.

Furthermore, his contact with the kids has been all but nil, as he has not had any physical contact with them for years, and only sporadically telephones them to have a short trite conversations such as "how are you...how are you doing..goodbye." They are now almost 14 years old and there living expenses are great. Kids are also starting to understand that he is a deadbeat, without my ever saying anything, as they notice their friends' dads are supportive and not like theirs. Three or four years ago, NCP remarried a woman who has taken over the care of her three year old grandchild (mother was on drugs or something) and NCP makes statements to the kids during his infrequent calls about this child being their baby sister! Kids have never met this child and are baffled at his behavior. Heartbreaking indeed.

I now am utilizing a private attorney in the state we live (as we have not lived in WY for many years) in to seek reimbursement of these costs and modify this court order interstate and this is truly expensive. I may have to also hire an attorney in WY as WY has the exclusive jurisdiction on this matter, yet, no actions have been filed by the noncustodial parent ever, so it was hopeful that the jurisdiction could be challenged. However, the disgruntled deadbeat hired an interstate attorney to challenge this change in venue, wanting the matter to be heard in this state. The deadbeat can afford to do that, but cannot pay back medical? His support order is very nominal, as Mr. Postman claimed on his initial financial affidavit, a GROSS income of $19,000 when he had nearly 10 years of service in this area back in the mid to late 1990's, when the order was first established.

What brought me to the point of hiring an attorney, is that the disgruntled deadbeat also writes me yearly letters asking me to sign IRS form 8332, to allow him to take one of the kids as an exemption. Every year, I write him a response, indicating I will not sign the 8332, as he does not provide over 1/2 of their support, nor has he reimbursed me on medical costs and premiums I have paid for them to have health insurance since he has reneged. He typically then gets ugly, and writes, "If you do not do so and so...I will file contempt...and I will call my lawyer" ad infinitum, ad nauseum. The IRS indicates that he cannot simply attach a copy of the court order, as the court order is conditional, stating that he can take one child as an exemption if his child support is paid in full by Dec 31 of the preceding year.

I have always had a relatively good relationship with the child support enforcement office in WY, however, I am very bothered to learn that if I utilize them, and not a private attorney, that they can seek a contempt order on the fact that the insurance cards have never been produced by the deadbeat, thus inhibiting the kids from being able to use his court ordered insurance, however, they cannot get a judgment for the $30K or so in back documented medical costs that I have spent over the years for their care and the premiums I have paid while the noncustodial parent failed to provide. Enforcement office tells me that they can only do that if I were collecting or had collected state assistance....and then of course that would be reimbursed to the state, not the custodial parent, as the state would have then paid for the kids' care.

This sounds ludicrous! So, if you go on assistance, they will beat it out of the deadbeat, but if not, you must fork out thousands (to retain an interstate attorney) to get what the kids are entitled to have and you must take away from the kids to retain this exorbitantly costly attorney? Yet, a person not collecting state assistance can get help from child support enforcement for a $25.00 (I believe that is what I paid 12 or 13 years ago..) Did I get this picture right? Not sure I understand this, as the WY statutes indicate that this indeed can be prosecuted. (But according to child support enforcement, "only by a private attorney," as "we do not seek private judgments for individuals" I thought they would be helping the kids as well as the CP. This almost sounds discriminatory. See statute below:

ARTICLE 4 - MEDICAL SUPPORT FOR CHILDREN

20-2-401.� Medical support to be included as part of child support order.

(a)� In any action to establish or modify a child support obligation, the court shall order either or both of the parents to provide medical support, which may include dental, optical or other health care needs for their dependent children.� The court shall:

(i)� Require in the support order:

(A)� That one (1) or both parents shall provide insurance coverage for the children if insurance can be obtained through an employer or other group carrier, or if it is otherwise reasonably available; and

(B)� That one (1) or both parents be liable to pay any medical expenses not covered by insurance and any deductible amount on the required insurance coverage; or

(ii)� Specify in the court order the proportion for which each parent will be liable for any medical expenses, which may include dental, optical or other health care expenses incurred by any person or agency on behalf of a child if the expenses are not covered by insurance.

(b)� When the insurance coverage is ordered pursuant to subsection (a) of this section, the court shall order the obligated parent to submit to the court and to the other parent, or to the other parent's representative, written proof that the insurance has been obtained or that application for insurability has been made within sixty (60) days after the entry of the order requiring insurance coverage.� Proof of insurance coverage shall contain, at a minimum:

(i)� The name of the insurer;

(ii)� The policy number;

(iii)� The address to which all claims should be mailed;

(iv)� A description of any restrictions on usage, such as preapproval for hospital admission, and the manner in which to obtain preapproval;

(v)� A description of all deductibles; and

(vi)� Two (2) copies of claim forms.

(c)� The court shall order the obligated parent to notify the court and the other parent if insurance coverage for any child is denied, revoked, or altered in any way that would affect the other parent including any change relating to information required in subsection (b) of this section.

(d)� The court may hold an obligated parent in contempt for refusing to provide the ordered insurance, or for failing or refusing to provide the information required in subsections (b) and (c) of this section.

(e)� In addition to enforcement by contempt, as provided for in subsection (d) of this section, the obligated parent is liable to the other parent, any person or agency for:

(i)� Part or all of the cost of medical care and medical insurance premiums paid or provided to a child for any period in which the obligated parent failed to provide required coverage;

(ii)� Any direct insurance benefits received by the obligated parent and not used for the medical care of the child; and

(iii)� Any reasonable attorney fees and costs incurred in collection that the court may determine appropriate.



I have no beef with anyone who is on assistance who is entitled to it. However, why does the state of WY choose to promote this type of dependency which is regressive and backward? Should not enforcement, ENFORCE an order, regardless of what your status is?...for the sake of the kids?

And we wonder why the economy is in trouble?

I am not knocking WY. I love WY. ( Despite the fact, I certainly did not have any help from the governmental deadbeat!)

But I have seen other posts on many forums from various individuals indicating that WY it is a tough place to have orders enforced and I am wondering why.

I am not crazy enough to believe this has only happened to me, as chances are , this has happened to many.

I do wish to get the kids what is due, but now am at a loss of direction. Not sure where to turn next. I am trying to hang on, but I certainly resent the noncustodial parent's lack of help! It would not solve all of our fiscal problems, but his financial support would sure help, especially the way the economy sits today.

Help please! Feedback would be most appreciated. I extend my thanks in advance. Sometimes feel like I am at my wits end with this, yet, I know there must be a solution.

I simply need to find it!



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