chatter box
Platinum
Reged: 11/09/07
Posts: 1309
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For those of you that do not know I have a court date now to resolve the back medical expences and she has now ben served. She is trying to represent herself and so is trying to come up with a defence. Her argument for not paying the psychological visits was because she didn't have to. Now she is claiming that the reciepts I sent her as proof of my paying are not good enough. A couple out of the 30 or so were paid with a credit card and her argument is that there is no signature at the bottom and a couple of the cards have my wifes name and not mine on the card. Even though the court order is for her to pay me she made payment directly to some of the places. Ok with me but she didn't enform me and all her payments show as a insurance payment also causing me to over pay and she wants me to figure it out for her defence.
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mistake#2
Platinum
Reged: 07/19/06
Posts: 3268
Loc: Florida
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She should have to provide receipts for the payments she made directly...cancelled checks or something that show the amounts and dates along with the statement that shows it is credited. If she doesn't have that then couldn't you say that it's not "good enough proof"?
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chatter box
Platinum
Reged: 11/09/07
Posts: 1309
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That's my point. Unless she show's me that she made the payment with returned checks cash reciepts or credit card statements I do not know that she made them. Her name is not on the account so any payments that come in to accounts recievable that are not in my name show as a insurance payment. In one case she does have a returned check but the amounts do not match any the hospital has. Again she wants me to figure it out.
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Aubreys Mama
New
Reged: 05/07/08
Posts: 16
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Me and my ex have gone through this too. I prepaid all of my medicals during my pregnancy. Lance (my ex) agreed to reimburse me for half of them which yes legally hes not obligated to do. we signed an agreement that had all of the medical bills attached to it along with a signed agreement i had with my OBGYN for the prepayed hospital bill. AFTER he signs the agreement he argues the authenticty of all of the bills so i go on to my online banking and pring out the checks that i used and the credit card statements of where i paid all of this. And he still wouldnt pay me for them, has not paid child support or anything. The only money spent with any reguards to the child was a paternity test that his grandmother paid for that was 600.00.
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chatter box
Platinum
Reged: 11/09/07
Posts: 1309
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I just figured out why she hasn't been paying me. I only look at the paper statements the hospital, doctor and labs send me. I noticed in my bank statement this morning that there was a small differance in what I paid and what cleared the bank ($.50). I went online to check the bill and noticed nothing has posted. Then I got her payment for the dental today. Turned out she has been paying most everything were I got a reciept but not those that just show a payment like the hospitals monthly statements. She's claiming she made all those other payments on the statements. I guess she doesn't think I'll have the returned checks in court.
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EZmark
Platinum
Reged: 06/04/07
Posts: 292
Loc: Florida
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I'm no lawyer so don't take my advice without verifying, but IMO you should file an intent to use summaries and a list of evidence that just states "receipts of blah blah". This stuff needs to get filed according to state defined deadlines prior to your hearing. You need three copies, yours, one for the court, and one for her. (Often copy machines run low on toner making that third copy). Get yours and the courts copy of all your evidentiary receipts etc. in a nice three ring binder with seperators and checks taped to pages and each page titled to explain what each check shows. Hers just dump in a certified mail box for her to sort and figure out what you're going to show with what or she'll spin lies for everything in advance. At the hearing you present the summary that shows on one sheet of paper exactly what you are alleging. A spreadsheet or chart is perfect, a timeline or calendar to match and you've made your point. When questioned on any detail refer to the proof in the binder.
The judge won't look through a ton of papers to match things up and her word against his...her wins. Paper proof of payments are impossible to ignore, and if organized and presented in this manner readily accepted as truth. After Gigi told me that the only way to fight the convincing lies of a narcissist was with hard irrefutable proof, I learned how to present it from a successful lawyer. Unfortunately this only worked in money matters where there was paper proof. She didn't get away with her motions for contempt that "she hasn't seen a dime" from me, and I should pay her lawyers fees and retro temporary support.
If you can do this work and have a lawyer present it you will save a lot of money and have a much better chance at truth coming out. The only bigger disadvantage a man has in court is being a man without a lawyer. No respect commanded, no fear of followup or appeal. Good Luck.
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chatter box
Platinum
Reged: 11/09/07
Posts: 1309
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already done. I'm meeting with my lawer again in the morning just to go over the hearing that is next week. At this point she is just trying to stay out of jail.
Edited by chatter box (05/13/08 09:35 PM)
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