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I am not sure how this would work, but I wasn't even served with documents 10 days prior to the hearing.  I have filed a motion for continuance -- I hope I filed the right thing!

Ocean:

I am required to pay $226.08 per month and she is required to pay $133.92.  I know for a fact though that she has not incurred daycare expenses since 2000.  She does have receipts for 1999 and a receipt for a partial year for 2000.  That is it.  She claims that I underpaid daycare in 1999 - but wouldn't that be split based on the calculations that were used to determine support in the first place (porportional share of income)?

I cannot pick them up because I live in MI and they reside in WA.

I don't believe that the braces were covered by insurance.  Can I request a copy of the bill submitted to the insurance company?

How do I request discovery?

I have already asked for several things in my declaration, but she did not comply.  I just filed a motion of continuance and a motion to compel discovery -- I hope that they are the right forms.  

I was notified on 11/8 that a hearing was scheduled for 11/17 and given only 7 days to respond to her declaration and submitted paperwork!

Ugh....

Ocean:

Thank you for your insight!

For some reason, I had thought that I needed to sign a waiver for extraordinary medical/dental.  I wasn't aware that there were any extraordinary expenses until after they had been incurred, more specifically the braces.  However, I am unable to tell whether the need was cosemetic or not.  I am completely unaware of any extraordinary medical expenses.  

Is there some RCW or WAC code that I can get in writing with regard to the licensed daycare requirement?

She had my portion figured out to the last dollar in terms of claiming she paid the older siblings -- but only my portion and not her own.

Thanks again!

Thank you Ref.

Do you or does anyone know where I can find the forms to file a continuance and a motion for discovery online.  I live out of state and cannot go to the courthouse.  I tried to call but there were pretty uncooperative.  The clerk gave me the number of the facilitator whose message stated that she didn't have time to return phone calls...

Thanks,
JAMingori

Does the state of WA require the NCP to sign a waiver for extraordinary medical/dental expenses, such as braces?

Do they require the CP to bill the NCP for their portion of extraordinary medical/dental expenses?

In order to provide daycare for a the children involved does thre provider need to be licensed?

Is the CP able to use older daughters as daycare providers?

Hey Everyone!

(I posted my original message under the wrong topic, this is a repost).

I am a NCP who lives in MI (2 years). My children live in WA. The CP opened her own business a year ago and pays herself $6000.00 per month. I lost my job when I lived in WA and canont find work in MI.

In November of 2005 I filed for a Modification and requested a hearing for Overpayment of Daycare (around $24,000). I submitted my paperwork with the Office of Support Enforcement. The attorney assigned to our case put the modification on hold pending the outcome of the daycare hearing but CP has delayed the hearing for overpayment 3 times. It is now set for 10/31.

In August of this year she hired an attorney herself and had papers for modification drawn up and filed. The nature of her business puts her into contact with workers at the courthouse our case is at on a daily basis. Now I am being told that her request takes precedence over mine. Why is that?

CP owns 2 homes, 2007 Yukon Denali, and her own business. When responding to her peition for modification I included 2 declarations that hopefully will raise some questions in the judges mind. Who knows though!

Even though I don't have a job and she makes $6000/month the CS worksheets indicated that my obligation is $741.00/month. She claims that she pays $329.00 in medical (I asked for proof to ensure that she is not covering her other children who are in college, or to ensure that her portion is $329 and not the amount her company's portion is). Furtermore, she didn't list her investment home or current home as an asset. She says that she donates $250 a month to charity/gifts and pays $600 for tuition for another child and $400 in rent for that child (I asked for proof of both). The paystubs that were provided to the Court were from her own business! They could be fake -- what do I do?

The information I provided to the court and the questions I asked -- how are those going to be addressed? Will the court order a financial investigation? If she has not accurately state income/assets will they make her provide business bank statements, personal bank statements, and other information? How can I find out if CP is receiving state/local help such as food stamps, medicaid, or SSN benefits for my youngest daughter who is Autistic?

I asked the Court to put Petitioner's request on hold pending the outcome of the daycare hearing and my petition for modification.

Will the court carry out the requests I made for proof of income, etc that I made in my declarations?

Any suggestions or ideas would be greatly appreciated!

Thank you.  I will taking your advice very seriously and hope to obtain the services of an attorney in the very near future.

SOC,

Thanks for your thoughts.  I apologize for not following forum procedures.

1.  Do you know where I can find the documents to request discovery or interrogatories for WA state Superior Court?

2.  Where can I find the form to compel the other party for production of documents?

3.  How do I find out if my motion for continuance was granted?

4.  I did file a motion to comple discovery.  Does that make other party responsible for providing requested documentation?

5.  I had originally requested discovery through a personal declaration not the financial declaration.  Does that count as a request?

6.  I live out of state, am I required to be present at the hearing?

7.  If so, can I request that the proceedings be conducted via telephone?

Dear SOC:

I currently live in MI.  My children live in WA.  I moved in 2004.

I requested an overpayment of daycare expense hearing and modification of child support in January of 2006.  The Child Support Enforcement office decided to put my modification on hold pending the outcome of the hearing.  The hearing has been continued 3 times and has allowed my ex-wife to obtain an attorney and file for modification with the Superior Court.  Her ability to do this also moves my overpayment hearing as well to the Superior Court.  All will be decided when decided.

My ex is not disclosing all assets and income.  She is self-employed and makes $6000.00 per month.  She gets a base income and shareholder distributions.  She owns her primary residence and an investment home.  She recently purchased a brand new SUV, had a face-lift and is considering purchasing a $500,000 home on the lake.

I responded to her initial modification with a declaration.  In the declaration, I asked for several items.  In the Petitioner's response to the declaration, she included some items, but not everything.  

I requested a letter from a CPA signed and on letterhead of her actual earnings, who is covered under her medical plan (she wants to claim paying $320.00 per month as a premium but has 2 other daughters), proof of extraordinary medical/dental expense (she provided a letter from the dentist but nothing showing that insurance covered a portion -- if insurance didn't cover am I responsible for cosmetic orthodontia?), pay stubs and shareholder distribution checks (showing that she has been getting the distributions all year and to ensure that it is the same amount monthly, or if it adjusts based on the success of the business), mortgage statements (she says that she has a first and second on the primary residence and I want to make sure that the second was not taken out to purchase her business or investment property), and she doesn't even disclose her business in any paperwork.

I was served with her response and a scheduled hearing date on November 8, 2006.  The hearing was scheduled for November 17, 2006.  I live out of state -- am I required to be present?  I filed a motion for continuance so that I may prepare my case more adequately.

Did I file the right paperwork?  The Motion to Compel Discovery?  I have my response to her declaration prepared but would like to wait to file until I receive the documents I requested in my motion to compel discovery.

I cannot find the motion for continuance and for discovery online.  I have copies of the ones I prepared and can send them via email as well as my declarations.

You can email with your response as well at [email protected].  

Thanks for your help and any suggestions!
JAMingori