Menu

Show posts

This section allows you to view all posts made by this member. Note that you can only see posts made in areas you currently have access to.

Show posts Menu

Messages - spshell

#1
Child Support Issues / Medical Insurance
Jun 29, 2006, 02:20:03 PM
I posted on the Soc board, but I thought I'd get your input too.

Washington state CS order states:

Unless one or more of the alternatives below are checked (neither are checked), each parent (underlined and bold) shall maintain or provide health insurance coverage if:

a) coverage that can be extended to cover the children is or becomes available to each aprent through employment or is union related; and

b) the cost of such coverage for the mother does not exceed $112.50 and the cost of such coverage for the father does not exceed $149.75.

The parent (s) shall maintain health insurance coverage, if available for the children listed until further order of the court or until health insurance is no longer available through the parents employer or union and no conversion privileges exsist to continue coverage following termination of employment.

1. The wording is so confusing!  Are we both liable for paying medical insurance?

2. Mother owns her own business. She can obtain insurance for as low as $31 per child (we have two children). If I choose to stop paying insurance is she just as liable to pay for it as I am? Or because it is available at my work am I responsible to pay it no matter what?

3.  If she is liable to pay how do I go about getting her to pay?  

4.  If she is liable will she have to pay since when order was established?



#2
Child Support Issues / RE: There is a difference
Jun 23, 2006, 03:58:25 PM
>There is a difference between pension plans an employee has
>no choice but to pay because it is taken from their check and
>payments an employee makes on his/her own.  If an employee has
>no choice, it is usually deducted from income just like taxes.
> Optional plans are not considered mandatory and the money is
>considered when factoring support.

The first time child support was figured they did deduct my 401k before figuring the amount.  Since then I have not been able to afford it.  I'm afraid cp is getting ready to try to up the support since it's just been over two years.  If I don't have it in there, then it'll look like I have a bigger net income than last time.  My salary has not changed too much over the past two years.  I suppose it can't hurt to have it deducted again just in case.  
#3
Child Support Issues / RE: Our Experience
Jun 21, 2006, 10:13:08 PM
Wow, I can't believe there is actually something that is to my benefit!  This whole process is so discouraging.  Thanks for letting me know your experience.  Funny you should mention how the kids come with no coat, flip flops and shorts.  Maybe it's the standard childrens wear for Washingtonian CP's!
#4
I'm in Washington state.  On the child support schedule (worksheet) there is a place for "pension plan payments"  which are deducted from the gross income.  It looks like the more you have deducted for your pension the less your net income is and therefore the less you'll have to pay in child support.  Am I reading this correctly?  Thanks!
#5
Dear Socrateaser / Medical Insurance
Jun 29, 2006, 10:00:33 AM
Washington state CS order states:

Unless one or more of the alternatives below are checked (neither are checked), each parent (underlined and bold) shall maintain or provide health insurance coverage if:

a) coverage that can be extended to cover the children is or becomes available to each aprent through employment or is union related; and

b) the cost of such coverage for the mother does not exceed $112.50 and the cost of such coverage for the father does not exceed $149.75.

The parent (s) shall maintain health insurance coverage, if available for the children listed until further order of the court or until health insurance is no longer available through the parents employer or union and no conversion privileges exsist to continue coverage following termination of employment.

1. The wording is so confusing!  Are we both liable for paying medical insurance?

2. Mother owns her own business. She can obtain insurance for as low as $31 per child (we have two children). If I choose to stop paying insurance is she just as liable to pay for it as I am? Or because it is available at my work am I responsible to pay it no matter what?

3.  If she is liable to pay how do I go about getting her to pay?  

4.  If she is liable will she have to pay since when order was established?



Thank you!  Thank you!  Thank you!



#6
Washington state CS order states:

The Obligor shall pay 56% of extraordinary health care expenses if monthly medical expenses exceed $53.50.

1. What does it mean by "extraordinary"?

2. Does this mean that the Obligee is respnsible for All medical expenses incurred each month up to $53.50?  

3.  If not, then if I take the kids to the dr. am I responsible for the co-pay and rx?

I pay the medical insurance, too, but I can't find anywher in the CS order that explains who pays for dr visits, etc.  

THANK YOU!
#7
Thanks for the quick reply!  Your response brought up more questions.

1. Is it worth filing contempt after only one incident or will it look like I'm trying to make trouble?  I do have a journal that documents all the times she verbally abused me, was late to pick up the kids, refused to seek medical attention for the kids, how the kids come to my home in flip flops and a short skirt and no coat when it's raining out, etc.

2. If I take her to court she'll freak and will more than likely try to up the child support.  CS order has been in place over two years.  My income is the same as it was on the original order.  She owns her own business and I'm pretty sure doesn't deposit cash recieved (never did when we were married).  I could subpeona bank statements, credit card statements, etc. to try to prove it.

3.  If I do file, then I also plan on asking for some revisions on the parenting plan.  Is that done all at once?  

4. If I file do you recommend pro se or hire an attorney at this point?  I could start out pro se and hire one if she does.

THANKS!
#8
Thanks for the quick reply!  Your response brought up more questions.

1. Is it worth filing contempt after only one incident or will it look like I'm trying to make trouble?  I do have a journal that documents all the times she verbally abused me, was late to pick up the kids, refused to seek medical attention for the kids, how the kids come to my home in flip flops and a short skirt and no coat when it's raining out, etc.

2. If I take her to court she'll freak and will more than likely try to up the child support.  CS order has been in place over two years.  My income is the same as it was on the original order.  She owns her own business and I'm pretty sure doesn't deposit cash recieved (never did when we were married).  I could subpeona bank statements, credit card statements, etc. to try to prove it.

3.  If I do file, then I also plan on asking for some revisions on the parenting plan.  Is that done all at once?  

4. If I file do you recommend pro se or hire an attorney at this point?  I could start out pro se and hire one if she does.

THANKS!
#9
I can't thank you enough for the time and effort you put into S.P.A.R.C.  You are a blessing to many!  With that being said, I NEED ADVICE ASAP.  

Per parenting plan I am to pick up kids after work on Thursday and return them before work on Friday.  On Friday CP is to bring kids to me by 6pm and I am to return them to her Saturday 5pm and alternating Sundays at 7pm.

The kids were not home yesterday when I went to pick them up.  I called CP and she said they were at her mom's, which is two hours away.  CP told me that she would be picking them up this morning  (Friday) and that I could have them Saturday morning.  Reason, because she went on a fishing trip on our daughters birthday last weekend and she wants to make the time up with her.  She even left a voice mail (which I saved) stating this.

1. Should I have driven two hours away to pick up the kids Thursday night?  I get home at 6:30pm and by the time I picked them up and returned home it would be approximately 10:30pm.  I start work at 6am and would have to drop them off at CP's home by 5am.  I felt it was in the kids best interest to just stay at Grandmas.

2. Should I call police since she has verbalized she has denied my visitation and will deny again today?  I'm worried that it will scare the kids.   They are 6 and 10.  We live in Snohomish county.

3.  Changing the subject... CP moved 45 minutes away without written notice just over three months ago.  She enrolled the kids in a new school for the last two months of the year.  It so happens that she moved in with her boyfriend who lives about 10 miles from my fiance.  In order to not loose my Thursday nights with the kids (too much commuting time) I moved in with my fiance two weeks after she moved.  Should I have filed contempt instead?  Is it too late now?  The thing is ultimately it doesn't matter that she moved now that I live here.  I'm trying to show the judge a history of her not putting the kids first.

Again, thank you for all your help and advice.  
#10
Dear Socrateaser / RE: daycare question
Jun 21, 2006, 05:48:29 PM
Yes, you ARE in a mood!  Thanks for your honesty.

> This tells me very little. What EXACTLY does the order state concerning the issue of daycare, decision making, joint custody, physical custody, visitation, etc?

The court order states:

4.2 Major Decisions

Major decisions regarding each child shall be made as follows:

Education decisions                     Joint
Non emergency health care         Joint
Religious upbringing                    Joint
All other major decisions             Joint

>In short, unless your fiance is prepared to marry you now, or get a license to operate a daycare business, then this is a loooooooser case, so break open your piggy bank.

So if we were married that would make a difference?  It'll be good to know for the future.

> Assuming this wonderous joint decision making authority that you claim is part of your orders, then yes, the court will rule with her, because if she puts the child(ren) in daycare, and you don't pull them out before the daycare can send a bill, then her decision will prevail, as she has accepted a service and is bound to pay for it. Last decision wins with joint decisionmaking.

So, basically I'm screwed, huh?

One last thing, if I don't pay her for the daycare costs I suppose the next step would be for her to take me to court.  When I get served can't I just pay her then?  At least I will get some satisfaction knowing it cost her money and time to file.  I guess if she was to file, then chances are she'll also file to try to raise the support and God knows what else she'll be able to get away with.  So, I think I just answered my own question... I'm screwed.