theanswerguy
(Platinum)
06/27/08 07:56 PM
64.12.117.143
Re: So disgusted! Feedback please!

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.

>>>>>>>>>>>> You've had 12 years to seek modification/enforcement .


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.

>>>>>>>> You should have filed for enforcement/modification .

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.

>>>>>>>>> Bad idea , changing jurisdiction while one party lives in the state with CEJ is almost impossible . You've had years to enforce/modify your order .

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.

>>>>>>>>>>> Is THE AMOUNT contained in the CO paid in full every year by 12/31 ?

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.


>>>>>>>>>> Insurance would have been better adressed via contempt /enforcement at the time the issues arose . Any insurance premiums could have been added to CS and be subject to enforcement and WITHHOLDING . You cannot seek repayment for premiums paid in the past , that would be a retroactive modification contrary to federal law . You SHOULD seek repayment of all out of pocket expenses NOT covered by insurance that you have documentation for . Wyoming CAN help you in obtaining a judgement for these costs ALONE .



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