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Topics - TPK

Pages: 12 3 ... 5
1
Dear Socrateaser / Medical Reimbursment
« on: Sep 12, 2006, 09:49:04 AM »
Hi Soc,


I finally received my judgement of divorce after a 10 month wait.

I am NCP. Child resides with my EX in NY, I reside in PA, NY has jurisdiction (NY state)

Judgement states "defendant (me) shall further pay 75% of all statutory add-on expenses, including but not limited to unreimbursed medical expenses and child care expenses within 15 days of presentation of a bill or receipt by plaintiff"

This clearly outlines my 75% obligation which I understand fully.

Child is covered under a NY State health care program. I currently have no insurance on myself (long story) or my child.

About 2 months ago I requested in writing to my EX that she should supply me with health insurance info to determine if coverage would extend to PA if only for emergency situations.

At first she said she'd look into it, but never did. Many gentle reminders about this failed to get any results.


Question


1. If an emergency situation does happen (when I have parenting time), and I get a bill for say $1000.00....is my EX responsible for 25%???

The judgement doesn't directly address this, it only states that I would owe 75% and EX would have to cover the 25% balance.


Thanks

TPK

2
Dear Socrateaser / Judgement Not Entered
« on: Jul 20, 2006, 09:06:33 AM »
Soc,


Divorce settlement in court Oct 2005. Parties stipulate and sign. OC was to submit the order to the court.

OC didn't submit til March 2006. I prodded my attorney to submit one and he finally did.....then OC submitted one as well.

I have tried with no results to find out why this judgment was not entered yet. My attorney just says " I don't know why".

I would like this judgement entered before it has it's 1 year birthday.


1. I was mulling over calling the Judge's law secratary.....good or bad idea??

2. Will they just waive me off because I called and not my attorney??


3. Any other suggestions??


Thanks

TPK

3
Dear Socrateaser / Summer Vacation Saga
« on: Jun 19, 2006, 06:01:02 AM »
Hi Soc,

A little background first.

Divorce settlement in court Oct 2005. Order was to be submitted by OC. OC did not submit one til March 2006. While waiting for OC to submit, my attorney submitted one. Turns out, OC submitted same week as my attorney. Judge has 2 to pick from, still no signed orders as of today.

Summer vacation

I have 3 weeks summer vacation with child as agreed upon in court Oct 2005.

My attorney told me that standard EOW was suspended during summer months. He said that it was normally suspended as I could craft my summer schedule to get child almost every weekend which wouldn't be fair to CP.

I submitted to my Ex in March the 3 weeks I wanted. I stated in a letter that I was told EOW was suspended.

She wrote back altering the weekends a little, and insisted some of the weeks I picked would fall during her weekend times. In her letter she also insisted we do this thru counsel which I thought was unneeded and so did my attorney.

A month ago I resubmitted my summer weeks to fall on my EOW schedule. I tried to hand Ex the letter at a dropoff point for visitation but she wouldn't take it and told me to contact her attorney.

I then mailed that letter to her with a CS payment. I photcopied the letter and CS check together to ensure she couldn't say she didn't get it.

My first summer week will be July 7th-14th. It's approaching quickly.

The agreement in court was that I had to give 30 days notice which I did.

1. What kind of trouble can she cause if I tell her that child will be with me for a week when I pick her up for the 1st summer week?


2. Can she deny the week?


3. Being that no order is signed yet by judge how should I go about taking child for the 1st week?..how to enforce??


4. What should I do if she contacts the police when child isn't returned?


This is all precautionary right now, but I can sense trouble coming.

Thanks

TPK


4
Dear Socrateaser / EOW Visitation Suspended During Summer??
« on: Apr 24, 2006, 08:21:08 AM »
Soc,

Finally got the divorce decree to be submitted. I think it's too vague and that we'll end up in court yet again.

I was ordered to submit my 3 weeks of Summer vacation to ex-wife by March 06. I submitted it to her well before that.

Before I submitted it, I had asked my attorney if I could schedule my Summer vacation with daughter so that I could try to have her almost every weekend (combined with EOW regular schedule)

My attorney told me that regular visitation (EOW Fri-Mon) is normally suspended during the summer months. He assured me that this is very common and goes without saying.

Knowing that it is suspended, I submitted my weeks.

Few days ago i get a letter from ex-wife changing the weeks. She changed them because she figured X and X days fell during "her" weekend. She also denied me 1 week altogether saying "you can have the last week sometime later in the year"

The divorce decree does not address this at all.

1. Is it standard for EOW visitation to be suspended during summer??


My ex and I still don't speak to each other so nothing will be accomplished by trying to talk to her about it.


2. Is heading back to court the only way to take care of this??

I want to straightened out well before the summer vacation starts.


I did write her a letter informing her that EOW is suspended during summer. I told her that the original weeks I submitted will stand, and that if she did not respond to me that her silence will be understood as agreement to this.


3. Any other suggestions??


Thanks

5
Dear Socrateaser / Order Still Not Submitted........Options??
« on: Mar 27, 2006, 05:33:23 AM »
Hi Soc,


I wrote to you a few months back about my order never being submitted. Divorce was finalized in court on Oct 4th 2005. Judge directed my ex's attorney to write up and submit everything.

It's now approaching April and this still is not done.

I have spoken to my attorney about it and all he does is write her letters reminding her to do it, and he never gets a response.

I told my attorney to submit it and he says "I was hoping I wouldn't have to".

This is beyond absurdity.


1. Is there anything I can do personally ie write the court and complain?


2. For tax purposes....am I legally divorced or not?? I was speaking to my accountant the other day and we couldn't figure it out. My ex and I both signed some paperwork in court and I was figuring that was good enough for me to file taxes "single".


Cheers!

TPK

6
Dear Socrateaser / Order Never Submitted....What's Next?
« on: Jan 12, 2006, 07:54:44 AM »
Soc,

Divorce finalized in court Nov 5, 2005. Wife's attorney had 30 days to submit the order. She didn't submit order in 30 days. She asked and got a 15 day extension. 15 days passed and still didn't submit order. It's now 2 months later and no order has been submitted.

I spoke to my attorney, he sent wife's laywer a letter basically giving her a nudge to submit the order. That was weeks ago. She still hasn't submitted it.


1. Why would an attorney not submit the order??..possible reasons??


2. Is everything that was settled Nov 5, 2005 valid right now??


3. Is there a time limit on entering the order??...and is anything ever voided if order is not submitted in a certain amount of time??


I had a problem over Xmas when wife didn't show up with child for parenting time transfer ( on a Friday). I had to track her down hours later and I got the State Police involved. To make a long story short, I did get daughter the following morning (saturday). Wife insisted I was to get daughter Saturday and not Friday. I knew she was wrong because the agreement in court was that if I would get daughter for Xmas & Xmas eve for 2005, and that if a holiday fell on my time (Fri-Mon) that I'd get daughter in the future anyway.

Not having the unsubmitted order in hand when I went to the Police made it difficult to get them to help. They did help, only because it was Xmas, that's what they said.


Also, wife claimed in court she lived at X residence, when in fact I found out she's living somewhere else now and she never told me.

4. Shouldn't she be required to tell me where she's living??


Thanks


TPK


7
Dear Socrateaser / Happy Holidays to You Soc
« on: Dec 21, 2005, 06:16:00 AM »
Hi Soc.

Just a note to wish you Happy Holidays and to thank you for the time that you devote to this great site.


I think you're working too cheap. I just read that a certain lawyer now charges $1000.00 an hour, supposedly the first to crack that barrier. He's not a family law practioner, mostly corporate, but still $1000.00 an hour is not pocket change.

http://taxprof.typepad.com/taxprof_blog/2005/12/attorney_billin.html


Cheers!


TPK

8
Dear Socrateaser / What would an attorney think??
« on: Nov 23, 2005, 12:56:07 PM »
Hi Soc,

I have to take the ex to Family Court by next April on the vaccination issue.

I'm considering going Pro Se this time, just for this one issue though.

I've used the same NY lawyer for the divorce etc. He's OK in court, but doesn't return calls right away. I said I was gonna toss him when the divorce is over, but now I'm not sure.

I might need him in the future, but I "think" I can handle the vaccination issue myself.

1.  Have you had a client who had you represent them first, then the client went Pro Se only to come back and want you to represent them again?

I guess what I'm really asking is if attorneys get all bent out of shape when a client goes pro se and then comes back for representation?

2. Bad idea to go pro se on this issue?


Just wondering if attorneys have thin-skin and egos that bruise easily?

Happy Turkey Day Soc!

TPK


9
Dear Socrateaser / Small Claims Court??
« on: Nov 09, 2005, 08:16:29 AM »
Greetings from PA Soc, I finally moved.

There was very little marital property involved in my divorce. I gave her what she wanted, and she agreed to give me what I wanted.

Some items I wanted but never got were a computer (new), an expensive desk and a snow blower. I paid for all these items, 2 were bought by my company.

Whenever I asked to go and fetch these items, she always had an excuse. She agreed to give me these items in front of both attorneys and one of the judges that heard the case.

Last week I inform her that I've moved and want to come pick up the items of mine at her house in NY.

She agrees at the time.

Days later, she tells me "no". Says she's keeping the computer for our daughter. Daughter is 18 months old, certainly years from being able to use the computer. Ex-wife doesn't use the computer, she doesn't know how.


I have all bills, invoices, receipts etc for these items.

1. Is small claims court my only option here?

2. Can you suggest something else?

I told her she could keep the computer if she paid me for it ($700), she refused.

These items might seem petty to most, but I really need these items now.

Thanks

TPK

10
Dear Socrateaser / Trial Tomorrow...Few Questions
« on: Oct 04, 2005, 11:27:16 AM »
Soc,

Trial is tomorrow for divorce (finally) It's hard to believe this is actually going to trial for the smallest of issues (visitation & transportation) as everything else has been settled (mostly me relenting). At the pre-trial the judge hinted he didn't want to hear the case which wasn't good news for wife's attorney. He suggested settling the remaining issues but my opponent refused.

Update on vaccination issue. At pre-trial the judge said he was gonna order it and if wife didn't like it she could appeal. Judge told her she'd probaby lose on appeal.

Questions for you:

1. When CS is paid, is a portion of that supposed to go towards medical coverage??


Wife has daughter on some sort of state-run health insurance, and I haven't been asked to pay anything yet. I don't know what the costs are per month for the coverage in NY. This issue hasn't been brought up at all which kinda surprises me.

I can't have daughter on my NJ insurance cuz policy covers NJ "in-network" only. She resides in NY so I dropped her and wife from NJ policy. I dropped them 8 months after they left for NY and paid $500.00 more per month with them on my policy for that 8 months.



Transportation.

I'm doing all the trans right now, and I'm fed up with it (1 hour 45 minutes each way). The trans is not court ordered so to speak. I've laid out a halfway point and gave it to my attorney to show to Judge.

2. Generally, how is the responsiblility of transportation decided if not agreed upon by both parties?...factors?

I told my lawyer being that wife left marital residence (NJ) that she should be doing some if not all the trans. He didn't agree with me.


I hope you can answer my questions so it will help me in court tomorrow.

Thanks!


TPK











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