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Topics - jilly

#1
Don't know how many other people are in NC but thought I'd post this just in case. I found this over the weekend while doing some research.
The guidelines went into effect October 1, 2006.


http://www.nccourts.org/Forms/Documents/981.pdf

 

#2
Child Support Issues / Child Support Rant
Aug 18, 2005, 09:03:37 AM
DH got a form letter in the mail yesterday about his child support.
stating that he is behind in his support payments, last payment they received was on 08/09/05, he is supposed to pay $560.00/month for child support, $25.00/month towards arrears and that his past due support is $626.08.  Well duh!!  He's been in arrears since CS was modified in August 2003.  Modification was filed in May 2003.  As we all know that creates an automatic arrearage.

What's really stupid about the whole thing is: 1) CS and amount for arrears is withheld from his WEEKLY paycheck.  The amounts that are whithheld are EXACTLY what the withholding ORDER states they should be for a weekly pay period and 2) when he was approximately $2K in arrears (due to the retroactive nature of modification) they NEVER bothered him.  Now that he's got it down to where there's light at the end of the tunnel they want to start bitching and demand he pay it in full immediately.  HA!   Needless to say, when DH read this letter he was furious.

And ya know what is even more stupid?  Even if he COULD pay the $626.08 the BM wouldn't get the full amount because he has a PRIOR child support order so ALL child support that comes in is DIVIDED between the two!!  What a bunch of dumbasses.

I suspect that what has happened is: DH now gets bonuses.  The first bonus check he received he didn't actually get because it went to child support.  Seeing the handwriting on the wall they're probably gearing up to take him back for an increase.  Also, the BM is in a custody/CS battle with her ex over their two children.  Things may not be going or may not have gone good there so she's trying to recoup her losses.

I swear...some days I think we just need to find a deserted island where we can't be found to get away from all this bullshit.
#3
Child Support Issues / Motion To Modify
Mar 14, 2005, 06:13:46 AM
State is North Carolina

DH has to be in court this morning because ex filed a motion to modify child support to have additional money paid towards arrears. The Court form has an option of "Other" and that is what was checked along with handwritten wording that ex is asking that amount being paid towards arrears be increased.  CS is paid weekly through income withholding and we recently found out that the court ordered amount to be paid towards arrears was not included on the order for income withholding; just shows the monthly CS along with weekly/biweekly/semimonthly/
monthly payment amounts.

It has been 3 years since CS was modified. Can the Judge, in his discretion, do a total modification of CS even though ex is only asking that the amount to be paid towards arrears be increased?  I'm thinking that's what he'll do.

Anybody else had anything like this happen?
#4
Child Support Issues / Motion To Modify
Mar 03, 2005, 03:30:33 PM
I got home from work today and there was a notice from the Sheriff's Department that they had been by to serve a Motion on my DH.  The Deputy gave his cell phone number and I called him to let him know I was home.  He wasn't able to come back to our house but he told me that it's a Motion to Modify Child Support to Apply Money Towards Arrears.  The alleged amount is $700.00.  He is going to bring it back by our house tomorrow and leave it in the mailbox so I can see exactly what it is and what it says. I know that DH is not that much in arrears to his Ex.
 
Has anybody every been served with this type Motion? I've never heard of or seen one.
#5
Lawmaker says he shares homes with 2 women
Monday, January 24, 2005 Posted: 1:37 PM EST (1837 GMT)  
 
MEMPHIS, Tennessee (AP) -- A state lawmaker who heads a committee on child welfare has acknowledged that he lives in separate homes with two women whose children he fathered.

Sen. John Ford testified in a Juvenile Court hearing in November as part of his defense in a child support case over increasing his financial support of another child he fathered with a third woman, The Commercial Appeal newspaper of Memphis reported Sunday.

The Memphis Democrat has tried to make use of a law he authored that keeps court-ordered support lower when a father is financially responsible for other children.

In the hearing, Ford said he lives some days with ex-wife Tamara Mitchell-Ford and the three children they had together. On others, he said, he stays with his longtime girlfriend, Connie Mathews, and their two children.

A follow-up hearing is scheduled for Tuesday.

Ford and Mitchell-Ford went through a bitter divorce in 2002 that led to Mitchell-Ford's jailing after she plowed her car through Mathews' home.

Ford said he pays nearly all bills for both families. They stay in houses he owns and where he also lives, though neither home is in his south Memphis Senate district.

"You have two homes?" court Referee Felicia Hogan asks during the tape recorded hearing. "Well, that's unusual."

"Not necessarily," Ford shot back. "I know people who got five."

Hogan responded: "For child support purposes that's unusual, let me put it that way then."

Ford is battling a lawsuit filed by Dana Smith, who is trying to increase his court-ordered support of their 10-year-old daughter. Smith, a former employee under Ford, won a 1996 sexual harassment verdict against him.

Ford contends that any increase for Smith should be tempered by his financial obligations to his five other minor children. None of those children is subject to child support orders.

In the hearing, Ford argued that all five children live in his household -- a household that encompasses two homes -- and because of that he is exempt from rules requiring strict proof of his financial support of them.

Hogan rejected Ford's request, saying he must produce evidence of bills paid if he wants credit to lessen any modification of Smith's child support.

Mitchell-Ford told The Commercial Appeal last week that she can verify at least some of Ford's contentions. She said she is six months pregnant, and the father, she said, is John Ford, now 62.

"John is over here every single day, if not staying here," she said.

Ford did not respond to messages left at his Nashville and Memphis offices. Mathews could not be reached.
#6
DH has 2 children (7 y/o daughter from previous marriage and 4 y/o son from prior relationship).  I found out today BM of his son has filed a Complaint against her ex for custody and child support.  CS was modified in August 2003 and since DH pays CS for SD the Court "credited" him that amount when determining CS. Not that it did much good. He still pays $585/mo for 4 y/o.

My question is:  when CS order is entered for BM from her ex, can DH file for a modification to (hopefully) get his CS reduced?  Will the Court give her "credit" for the amount of CS she is receiving from her ex, in which case it may increase DH's CS and we'd be better off leaving it alone?

We are in NC.  The CSO between BM and my DH is a prior support order so this may be in her ex's favor when it comes time to determining the amount of CS he pays.  That is how DH was able to get his CS for SD "credited"...because it was a prior support order.

BM of 4/o and her ex have two children together, plus she just had another child in April 2004.  I don't think her ex is the father of this child. Situation with BM of 4 y/o and her ex is really strange.  They got married and a two kids later got divorced. For a time she had to pay him CS but they got back together and he dropped it. Apparently, their pattern was they'd live together for a while, she'd get a wild hair or something and they'd "break up".  She'd get tired of the "high life" and go back to her ex.  It was during one of these "break up" periods that she and DH had their brief relationship, which resulted in the birth of his son.  It wasn't until she found out I was pregnant with our daughter that she went after him for CS.  Imagine that! LOL  I also know that prior to their divorce in 1999, she had a DV order issued against her ex.  This was later dropped. In November of last year, I had a window of opportunity to go to the courthouse to use the computers there to do a search BM for civil actions. Lo and behold another DV order had been issued against her ex the first of November.  There was also a pending motion to return weapon confiscated due to DV order.  I was off work today and went to the courthouse to use the computers again to see if anything had happened since November.  That's when I found out that she had filed a complaint middle of December for custody and CS.

Do you ever wonder how we get ourselves mixed up with these men and their babymamadrama??!!! LOL

#7
Child Support Issues / Help! Quick!
Dec 17, 2004, 07:51:41 AM
Has anyone ever filed a Motion to Dismiss for Improper Service?  If you have please post it for me and the procedure to follow!!


Sheriff served Order to Appear and Show cause for Failure to Comply with Support Order and Order to Produce Records and Licenses last night. Court date is Monday, December 20 at 9:30 a.m.  DH and I weren't home.  DH's Uncle was there babysitting and he accepted service.  Under N.C.G.S Rule 4 (j)(1)a. Process - Manner of service to exercise personal jurisdiciton. In any action commenced in a court of this State having jurisdcition of the subject matter and grounds for personal jurisdiction as provided in G.S. 1-75.4, the manne rof service of process within or without the State shall be as follows: (1) Natural Person. -- Except as provided in subsection (2) below, upon a natural person: a. By delivering a copy of the summons and of the complaint to him or by leaving copies thereof at the defendant's dwelling house orusual placeof abode with some person of suitable age and discretion then RESIDING therein; or......

DH's Uncle does NOT reside with us so therefore service was improper and not effected.


Thanks!!
#8
Who knew he could be so intelligent??!! LOL

==============================================

P. Diddy: Child support lawsuit really about 'adult support'
 
By NEKESA MUMBI MOODY
ASSOCIATED PRESS
 
 
NEW YORK, Sept. 9 — The baby mama drama just won't stop for P. Diddy.
The mogul also known as Sean Combs says he's hurt that the mother of his first child has gone to court to increase his child support payments, claiming that ''it's ridiculous to think any of my kids would want for anything.''  
 
Combs called The Associated Press on Thursday night to talk about the legal action filed against him by Misa Hylton-Brim, the mother of their 10-year-old son, Justin.  ''We've had a great relationship, and then all of the sudden I got hit with a lawsuit for more money,'' he said.

In August, a Westchester County magistrate ordered Combs to increase his child support from a reported $5,000 per month to about $35,000. That's the same amount he pays to model Kim Porter, the mother of his second child, Christian. Combs and Porter are currently ''together.''

Hylton-Brim is a fashion stylist for Lil' Kim and other stars. A message left for her attorney after hours was not immediately returned. But Combs said he has always paid her more than $5,000 per month, a figure he says the pair agreed to years earlier. Combs said he has paid for his son's schooling, medical care, clothes and anything else his child wanted.

''My son goes to the best schools, he has full-time tutors,'' he said — not to mention the restaurants he named after the boy. ''I wouldn't know what else to do to give my son.''  Combs, who is appealing the $35,000-per-month ruling, claims Hylton-Brim is only seeking more money because she's in the process of getting a divorce from her husband, with whom she has children.

''It's not about child support, it's about adult support,'' he said. ''I love the mother of my first child. I would never want to do anything to hurt her, but I have to defend the kind of father that I am.''

At one point, when Porter and Combs were not together, she also went to court to raise her child support payments, which at the time were a court-ordered $11,000 per month.

Is Hylton-Brim seeking parity with Porter?

''The fact is,'' Combs said, ''that the mother of my first child gets more money than the mother of my second child.''

Although Combs likened Hylton-Brim's case to extortion, he said he had no ill feelings against her.

''I'm always going to respect her for being the mother of my child,'' he said, ''but at the same time, that don't mean she has to be right.''
#9
Ok...I'm so mad steam is coming out of my ears! x(
I just called NCCSE to see what needs to be done to pay current amount owed along with regular payment. The response I got? They can't give me that information!! They either need to talk to DH or he needs to be on the phone with me!!! How freakin idiotic is that??!! It's not like it's confidential information!! All I want to do is send them a freakin payment!!! GRRRRRRRRRRRRRRRRRRR

Ok...with that off my chest...LOL...is there anybody in North Carolina that can answer this question?  Through the automated system I was able to ascertain current support owed is $29.67.  Past due support owed is $,1,278.79 (due to modification last year). His weekly CS payment is $135.00.  Do I write a check for $164.67 or do I write two separate checks?

If anybody else has done this please let me know what you did! Thanks!


P.S. Do you think DH will get in trouble because I told the lady on the phone that this was the most idiotic thing I've ever heard and that the State sucks??!!!
#10
DH will be starting a new job in two weeks. He has 2 child support orders (2 different children in 2 different counties) and has voluntary income withholding to pay CS.  He carries medical insurance on only 1 of the children.
For the first 3 months of employment at his new job he will be working through an agency and at the end of that 3 months will go on his new employer's payroll. I know that his current employer will have to notify CSE that he is no longer employed with their company and that when he becomes an actual employee for his new employer they will have to send a New Hire Notice to CSE.
I believe that during the 3 month interval DH will have to make payments directly to CSE.  Has anybody else had a similar situation? Will CSE send DH a letter once they get notice from his current employer regarding paying his CS? Did a brief change in how payments were made cause any problems as far as CSE not crediting the payments?
WIth regards to the medical insurance, DH is going to have coverage from day 1 through the agency. However, when he becomes an employee at his new job there may be a lapse of coverage of 60 to 90 days. I think the time frame depends on his actual start date. DH is going to maintain the medical insurance with the agency through COBRA. This is going to be at a cost of $200.00+ a month. Quiet frankly, I don't think our budget can afford that.
I have talked to HR where I work and have been told that you have 60 days in which to enroll in COBRA.  As long as noone goes to the doctor during that time you could probably skate by.  But, if you go to the doctor and then sign up for COBRA it's retroactive and you have to pay out the ying yang.
DH and I discussed this last night and I told him that he would just have to e-mail BM and let her know what the situation is and not to take son to the doctor during that time. He has decided not to tell BM that he's changing jobs. I understand why he doesn't want to tell her, but she's going to find out sooner or later anyway because he's going to have to give her the new insurance information (from the agency) and then have to give her the insurance information for his new employer when he becomes eligible.
Has anybody else been through this situation? Is DH right that it's better to let sleeping dogs lay for now?  The way I see it, if she's going to file for modification of the CSO based on change of employer she's going to do it. True, it will be put off a little bit longer, but it will still happen. For that matter, his ex could do the same thing when she finds out he's changing jobs.
ARRRGGGHHHH...sometimes all this stuff is aggravating!
Thanks for any advice/suggestions.

Jill
#11
Notice the wording used in the last paragraph by Ms. Martin.  Interesting don't you think?  And even though the title of this article says "deabeat parents" what they really mean is "deadbeat Dads".  Ms. Martin's husband may or may not be a :deadbeat".  We'll never know because we've only got her side of the story.  Be interesting to hear her ex's take on the situation!

As for the two athelets mentioned in the article...shame on them!! In their cases they are most definitely deadbeat Dads. They make more than enough money to pay their child support

==============================================

Going online in search of deadbeat parents
By Emanuella Grinberg
Court TV
Friday, May 21, 2004 Posted: 9:55 AM EDT (1355 GMT)

   
(Court TV) -- Kimbra Martin tracked her ex-husband across the country for 10 years in search of child support payments for their only son.

But it wasn't until she launched the Web site //www.delinquentdad.com, posting his picture and most recent whereabouts on the "Hall of Shame" page, that she caught up with him and brought him to justice.

"I started the site out of my own frustration with child support," Martin said. "I never thought it would get things done so quickly." Law enforcement agencies across the country are following her lead when it comes to tracking down deadbeat parents, by reaching out to the public though the Internet. Dozens of agencies have added "Most Wanted" lists of deadbeat parents to their own Web sites.

"Police often utilize the media and the press for help -- the more people you reach, the better," said Sheriff John Durante of the Montgomery County Police in Pennsylvania. "Through a Web site, the number of people you can reach is phenomenal."

When the Montgomery County Police it launched its Most Wanted list in mid-2000, there were about 3,600 bench warrants out for individuals who had failed to pay child custody. Today, there are about 600.

"The effect of the Web page has been tremendous," Durante said. "These days we're getting most of our news and information through the Internet, so it seemed like the most logical venue."

In reality, most of the lists are amateur Web sites maintained by a department deputy or whoever else has the time to update them.

Child support enforcement is a loose confederation of state and local agencies with different guidelines that answer to the federal office of Child Support Enforcement.

"Getting agencies to work together was the greatest difficulty," Martin said. "While there is legislation to enforce child support payments, there is too much bureaucracy and not enough manpower to pursue obligees across state lines and bring them into custody."

One of the major strengths of the Internet is that it can provide up-to-date information about deadbeats across state lines, no matter where they may be hiding out.

While the criteria for landing a spot on a Most Wanted list varies from site to site, one factor common among most is that the negligent parent must have a warrant out for his or her arrest.

We see the Web site as a measure of last resort," said Adolfo Capistany, spokesperson for the Washington State Division of Child Support, which runs its own Most Wanted deadbeat parents list.

"If you end up on that Web page, it means you have ignored every effort we made to contact you. It means you have avoided payment for at least six months and owe at least $5,000," Capistany said.

Not even celebrities are immune from placement. The Washington DCS site saw its traffic increase when two professional athletes landed on the list.

Former Seattle Seahawks running back Chris Warren owes $103,147 in child support to the mother of his two children, ages 10 and 11, according to the site. He is supposed to pay $5,000 a month.

The state also says Vernon Maxwell, who played for the Seattle Supersonics in 1999, owes $34,000 to the mother of his 2-year-old. He owes even more in Florida. Maxwell was arrested last month for failing to pay $160,000 for his teenage son there.

"Once the media got hold of that information and people found out, we got 35 hits almost immediately and dozens more since," Capistany said, adding that the department is following up those leads.

"The Web site is not a key element of our enforcement program, but it gives the program visibility," he said. "If it returns just $1 to a child, we're doing a good thing."

While there is no national Most Wanted deadbeat dad list, Martin provides the next best service by compiling a list of links to similar pages maintained by various sheriff's departments, county police, and sometimes local and state authorities.

The site also includes links to state and federal sites that provide information for custodial parents who are using the courts to seek payment.

"I get so many e-mails from people who just don't know how to manipulate the courts," Martin said. "I give them hope just by doing the legwork to let them know they're not limited to collection agencies and lawyers -- who charge you -- when it comes to collecting payment."
#12
The State is North Carolina. I've read the guidelines but not clear who is allowed credit for child living in the home.
We think DH's PBFH is pregnant. Current child support order does not give us credit for child DH and I have together. He was unemployed at time of modification and for several other reasons neither one of them have gone back for modification. If PBFH is pregnant and she decides to go for a modification will she be given credit for that child? She hasn't worked for approximately 2 years.
Thanks for any information.
Jill
#13
Is anybody else in NC and getting calls from their ex/PBFH about not getting CS check?
DH's PBFH called last month griping because she hadn't received CS. As CS is subject to income withholding there's not much he can do. His paystubs show that his employer is taking the money out like they're supposed to. PBFH called again yesterday and she still hasn't received any CS. She's also been calling his place of employment and harassing the lady in human resources about this, even though she has repeatedly been told that they cannot give her any information. PBFH wants DH to go to the clerk's office in our county and write them a check so she can get CS. Like he can do that! The money is just not there. According to PBFH, the clerk's office told her the money is showing as being received in Raleigh but they haven't released it yet. I called the 800 number last nght and according to their information the last payment received was February 9.  DH has had 2 paychecks since then and the money has been taken out of both of those checks. We did have alot of snow recently so it may just be that they're behind because of the weather.
I've also requested a print out of the payment history so will wait to see what that says. One interesting tidbit I got last night on the phone was the amount of the payment. It was not the correct amount. DH has another child for which he pays CS and this is also subject to income withholding. He pays $270 (bi-weekly) for his son and $186.98 (bi-weekly) to PBFH for his daughter.  The amount of the most recent payment was for the latter amount. How the hell can that be when the total amount taken out of his check every 2 weeks is $456.98??!!  Me thinks there's something rotten in Denmark! LOL  Of course, we are talking about a State run facility! LOL
Any help/information would be greatly appreciated.
P.S.  DH is going to talk to HR today to see what's going on too.
#14
Would someone in Virginia help me with child support in Virginia? I've briefly looked at the Virginia statute regarding how child support is determined, what can be considered and the guidelines. Virginia appears to be similar to North Carolina. (Guess that's why they're UNIFORM Child Support Guidelines huh? LOL)
Here's our situation:
DH has a son from a prior relationship. BioMom has sole custody. Child support order filed in February 2002 in North Carolina. DH carries health insurance on his son and DH recently received new health insurance card. I e-mailed BM for her address so I could mail her the new card. She is now living in a town in Virginia, which is just across the North Carolina border. We don't know if she is still working for the same company in NC or if DH's son is still in daycare in NC. I have seen several people here on this site who don't live in the same State as their child(ren) and seen recommendations that the child support order from State "A" be filed in State "B".  I am assuming it's possible for her to try to file for child support in VA. I'm not sure how likely it is that she will  do this, but I have learned that she'll do anything she can get away with. (Don't they all!) I want to compare the differences (if any) between NC and VA to see if if would benefit us to file the NC CSO in VA and then file for a modification under VA guidelines for a possible reduction.
Any suggestions, comments and/or courses of action are greatly appreciated.

Jill
#15
Shrink Rap / Inappropriate Touching
Feb 24, 2004, 01:34:31 PM
This past weekend was DH's weekend to have his daughter (6).  This also coincided with a birthday party for DH's youngest sister.  The first half of the birthday party was family-oriented and SIL had family and friends at a local event.  DH's brother and SIL have two children, a boy (9) and a girl (8). DH's DD always enjoys spending time with her cousin so they were hanging out together during the afternoon events.  SIL decided she wanted to leave early and SD wanted to go with her cousin, which DH agreed to.  At the end of the evening, we stopped by and picked SD up and went home.
DH took SD home on Sunday evening and later got a phone call from his EX because SD told her about being with cousin. They normally take baths together and SD told her Mom that cousin made her wash her bottom.  DH talked to DD and found out that DD had been a bit grumpy with cousin. Cousin got mad and basically bullied DD into washing her bottom. We had no idea until the phone call that this had even happened. DH was furious and called his brother to tell him about the incident. No sooner had DH hung up the phone than SIL was calling and getting on him for talking to his brother instead of her since she was the one home when this happened. (If she knew about it, why didn't she tell us about it when we picked up DH's DD? Or at least call us the next day?) DH has now decided that his DD will not be allowed to spend any time with her cousin due to this incident.
I was relaying this to a co-worker today and she said that this typs of behavior is what 8 year olds do. She thought that DH (and I) is overreacting to the situation.  Am I crazy for thinking this is NOT normal behavior for an 8 year old?
#16
Dear Socrateaser / What Do You Think?
Apr 16, 2007, 08:19:38 AM
I've been thinking about this for a while and I've come to the conclusion that mistoffelees is Socrateaser.

Musical: Cats
Song: Mr. Mistoffelees  
 
You ought to ask Mr. Mistoffelees
The original Conjuring Cat
The greatest magicians have something to learn
From Mr. Mistoffelees's conjuring turn

Presto!

And you'll all say:
Oh! Well I never! Was there ever
A cat so clever as magical Mr. Mistoffelees!

Oh! Well I never! Was there ever
A cat so clever as magical Mr. Mistoffelees!

He is quiet and small
He is black
From the ears to the tip of his tail
He can creep through the tiniest crack
He can walk on the narrowest rail

He can pick any card from a pack
He is equally cunning with dice
He is always decieving you into believing
That he's only hunting for mice

He can play any trick with a cork
Or a spoon and a bit of fish paste
If you look for a knife or a fork
And you think it was merely misplaced

You have seen it one moment, and then it is gone!
But you find it next week lying out on the lawn!

And we all say:
Oh! Well I never! Was there ever
A cat so clever as magical Mr. Mistoffelees!

Oh! Well I never! Was there ever
A cat so clever as magical Mr. Mistoffelees!

His manner is vague and aloof
You would think there was nobody shyer
But his voice has been heard on the roof
When he was curled up by the fire

And he's sometimes been heard by the fire
When he was about on the roof
(At least we all heard that somebody purred)
Which is uncontestable proof

Of his singular magical powers
And I've known the family to call
Him in from the garden for hours
When he was asleep in the hall

And not long ago this phenomenal cat
Produced seven kittens right out of a hat!

And we all say:
Oh! Well I never! Was there ever
A cat so clever as magical Mr. Mistoffelees!

Oh! Well I never! Was there ever
A cat so clever as magical Mr. Mistoffelees!

Ladies and gentlemen
I give you the marvelous
Magical Mr. Mistoffelees!

Presto!
#17
Dear Socrateaser / Is this Insurance Fraud?
Jan 23, 2007, 12:33:30 PM
State: NC
Ex is CP and we have joint legal

I am not court ordered to carry medical insurance on DD or pay a portion of or all of any medical expenses.  Ex was losing her job/insurance early last year and asked me to carry DD on my insurance, to which I agreed.  I have willingly paid co-pays for doctor visits, as needed.

DD had several therapy sessions last year.  In the beginning she was seeing an M.D. but Ex changed to an LCP within the same practice.  The LCP is not supervised by an M.D. and my insurance will not cover charges for an LCP if they are not supervised by an M.D.  There was some back and forth on this matter between me and Ex until I provided her with copies of e-mails from the provider stating the above.  She quit taking DD to therapy sessions and nothing more was said about it.

I recently was reviewing EOBs for my DD and noticed that a charge for a therapy session was resubmitted on 01/19.  My insurance didn't pay for this as payment had been made previously and it was noted as a duplicate claim.

I contacted my insurance carrier and questioned this. Turns out that the 3 visits with the LCP have been resubmitted.  Only this time they are showing the provider as being the M.D. and not the LCP.  I informed the representative that this was not true and that DD did not see the M.D. on those dates of service.  I asked the rep if it was acceptable to submit bills like this and she said it most certainly isn't.  When I asked what they were going to do about it she said "Nothing.  If she has more visits and the bill is from the M.D. we will request a copy of the records."
 
I'm thinking that the Ex told the therapist's office that the only way they'll get payment for those visits is if the services were provided by an M.D. so the therapist's office has resubmitted the bills.

1.  Would this be considered insurance fraud?

2.  If so, how would an action be started?

3.  Is it up to the insurance carrier to file for this, especially since they've been put on notice what the therapist's office did?

Thanks for your help!
#18
Soc:

Just wanted to provide you with some lighthearted reading for a change.  Enjoy!

http://money.cnn.com/2006/06/07/magazines/fortune/rps_fortune/index.htm?cnn=yes

#19
This is kind of a mobid question and most likely a stupid one.  Amazing the things that cross your mind when you're bored!

State: NC

Two separate CS orders in different counties for two children.  DD is child from previous marriage and son is child from brief relationship with another woman after divorce.  There has never been any contact with son.  Will hear something from BM of son once in a blue moon.  

Have been told that son has a mild form of cerebal palsy and has a shunt in his head for fluid.  Have also been told that he has been to speech therapy and has had other forms of therapy due to developmental delays from cerebal palsy.

I carry medical insurance on son per court order.  Due to pre-existing condition there is a 1 year waiting period before coverage will pay.

Questions:

1.  Have you ever heard of a situation where a child died and CP doesn't notify NCP so they can keep collecting CS?

2. If this should happen with my son, what are the chances of getting the money back from CSE?

3.  Would there also be an action against the BM for fraud?

Thanks for taking the time to answer (hopefully)!!!
#20
Dear Socrateaser / Unusual Situation/Question
Aug 29, 2005, 10:53:41 AM
State is NC

Ex re-married in 2000 and separated from 2nd husband September 2004.  Have been keeping an eye on court filings for their case but have seen nothing filed to date (i.e., equitable distribution).

Ex called last week and during the course of the conversation advised that SF was moving out of state with his girlfriend and revealed some details about the property distribution.

Ex stated that she had a paralegal friend review the property distrubtion who advised that everything looked to be in order and that it didn't need to be filed with the Court.  All that was necessary was for their signatures to be notarized.  Ex says they have both signed and had their signatures notarized.

Really could care less if ex gets screwed in this deal but am concerned because one of the provisions is SF makes house payment for the next three (3) years.  If this is not filed with the Court and he stops making the payments don't know what legal standing she will have.

Questions:

1)  Could the advice from the paralegal who (allegedly) gave advice not to file the property distribution be considered unauthorized practice of law?

2)  Should the SF stop making house payments what legal recourse would she have?  Breach of contract?

One other interesting note about the conversation: ex actually stated that she got SF to sign the property distribution by blackmail!  Ex's side of the story is that SF was having an affair with a woman at work. (He allegedly moved in with her when he moved out and that is who he is moving out of State with.).

He was an employee of the company and the woman was a contract worker.  Ex told SF she wouldn't go to their respective bosses and tell what was going on between them for his signature.  What a time not to have the tape recorder on!  She was very chatty that night and could've gotten lots of good stuff!
#21
Dear Socrateaser / To lighten things up a bit...
Jan 13, 2005, 06:09:48 AM
Pair arrested for telling lawyer jokes
Men at courthouse cited for disorderly conduct
Wednesday, January 12, 2005 Posted: 4:58 PM EST (2158 GMT)

 
HEMPSTEAD, New York (AP) -- Did you hear the one about the two guys arrested for telling lawyer jokes?

It happened this week to the founders of a group called Americans for Legal Reform, who were waiting in line to get into a Long Island courthouse.

"How do you tell when a lawyer is lying?" Harvey Kash reportedly asked Carl Lanzisera.

"His lips are moving," they said in unison.

While some waiting to get into the courthouse giggled, a lawyer farther up the line Monday was not laughing.

He told them to pipe down, and when they did not, the lawyer reported the pair to court personnel, who charged them with disorderly conduct, a misdemeanor.

"They just can't take it," Kash said of lawyers in general. "This violates our First Amendment rights."

Dan Bagnuola, a spokesman for the Nassau County courts, said the men were "being abusive and they were causing a disturbance."

He said he did not have the name of the lawyer who complained.

Americans for Legal Reform monitors the courts and uses confrontational tactics to push for greater access for the public.

The pair said that for years they have stood outside courthouses on Long Island and mocked lawyers.

On Monday, however, Kash said he was due in court to answer a drunken driving charge from a year and a half ago. The men are due back in court on the disorderly conduct charge next month.
#22
My SD is 6 years old and in 1st grade.  DH and I attended open house and parent's night the first of the school year.  DH sent FERPA letter to insure that teacher would do more than "try" to remember to send us any and all information regarding SD.  We've provided SASEs and they have been very good about sending us school information.  There is a daily report as well as a monthly report.  Since it's not feasible for them to send something every week we have agreed that non-time sensitive material can be mailed on a monthly basis.  That means a month has gone by before we are aware of any behavior problems in the classroom.  The main things have been talking in class and not getting her in-class work completed in the alloted amount of time.  This has been an ongoing problem since the beginning of the school year.  DH has had numerous conversations with SD about her behavior in class and that she needs to pay attention to the teacher and not be talking when she's not supposed to be and focusing on what needs to be done in-class so she can complete her work on time.  It got to the point to where he told her if he got another bad report from her teacher that she would get a spanking.  Of course, she tells him she'll pay attention in class and not talk, etc.
Last month, the teacher had a family illness and the class was being taught by a student teacher.  As kids will do, her authority was challenged because she wasn't the regular teacher.  However, on SD's weekly/monthly report for January, there was talking, taking too long to complete a task, pinching a classmate and being rude to the student teacher.  We had SD this past weekend and DH talked to her about the bad report he got from the teacher and concluded with the promised spanking and she was sent to bed.
Today I received an e-mail from SD's teacher regarding why SD had been losing stickers, that she has talked to PBFH and knows that we are all working on this (HA!) with consequences (PBFH's idea of consequenses is to make excuses for SD's behavior and make her write sentences.  I call it BS...but that's just me! LOL).  They don't feel that SDs behavior problems are serious issues (agreed) and that it's just a self-control issue which will come with maturity.  IThey are going to try some new strategies in the room to see what they can do to help SD be more successful.   called DH at work and read the e-mail to him.  He's not real happy with this e-mail because it's totally ignoring her rudeness to the student teacher (it almost sounds as if the teacher and PBFH are making excuses for it.  Teacher was out of class for some time so she was testing student teacher's authority. Doesn't matter...you don't act that way to an adult or authority figure.) as well as the fact that the talking too much or at the wrong times has been going on since school started.   This is behavior we both feel should have stopped by now.  There is obvioulsy a huge difference in parenting styles here (understatement alert!) which I'm sure is not helping matters.
My question (yes! there is one!) is how should we respond to the teacher's e-mail?  Right now I've drafted a response that lets her know that we feel like this behavior problems should have slackened off by now and that we are very concerned about her being rude to the student teacher because this is something we don't condone and can't be justified. She does this outside of the classroom as well. PBFH has even told DH that she has problems with SD talking to her this way. (When I was growing up, being a smarta** to an adult got a slap across the face!)  We don't want to come across as being too harsh but at the same time we want to convey that we are concerned that she's still having these problems. Would it be better to just have a parent-teacher conference between teacher/DH/PBFH?
Any suggestions/comments you have are greatly appreciated.

Jilly
#23
DH is the NCP but he and ex have joint legal.  My SD is in 5th grade and will be starting middle school for the 2008/2009 school year.

Through the years, we have had anywhere from excellent to so-so communication/cooperation with her elementary school teachers as far as getting notified of and attendance at Parent/Teacher conferences, copies of school work, progress reports, report cards, etc.

When SD starts middle school there will be more than one teacher to deal with and it will most likely be extremely hard, if not downright impossible, to get them all to provide copies of her school work.  I don't forsee there being a problem with getting copies of progress reports and/or report cards.

Has anyone else dealt with this?  How did you handle it?

Thanks in advance for your input!
#24
Don't know how many other people are in NC but thought I'd post this just in case. I found this over the weekend while doing some research.
The guidelines went into effect October 1, 2006.


http://www.nccourts.org/Forms/Documents/981.pdf
#25
General Issues / This Is Ridiculous!
Jul 18, 2006, 12:58:19 PM
http://www.cnn.com/2006/LAW/07/18/family.renunion.ap/index.html
#26
Wrong man pays child support to Peterson mistress

Wednesday, September 21, 2005; Posted: 6:54 p.m. EDT (22:54 GMT)

FRESNO, California (AP) -- The former mistress of convicted murderer Scott Peterson is back in the spotlight after a DNA test showed that her first child was not fathered by the man who was paying child support.

Anthony Flores, 29, has been paying Frey $175 a month for nearly four years, his attorney, Glenn Wilson, said Wednesday. The father of the 4-year-old girl is actually Fresno restaurant owner Christopher Funch, Wilson said.

No one answered the telephone at Porky's Rib House on Wednesday, and Funch did not have a listed home number.

Wilson said Flores was preparing to file a court motion seeking visitation rights, which he has been denied, when the man received word last week that he was not the child's father.

Frey's attorney, Gloria Allred, said Wednesday that her client never intended to deceive Flores.

"Amber, in good faith, always believed that Mr. Flores was her child's father," Allred said.

Frey, a massage therapist from Fresno, was Peterson's mistress when he killed his pregnant wife, Laci, in December 2003. Her testimony helped prosecutors convict the fertilizer salesman, who was sentenced to death.
#27
:)
#28
General Issues / Update on FERPA Letter Post
Aug 22, 2005, 09:05:52 AM
School Dedication/Open House was from 2:30-5:30 yesterday.  We got there around 2:40.  First hour was dedicated to introducting the administration, etc. so we just walked around checking out the new school and finding SD's classroom.  Ex and SD were not there.  DH gave the teacher SASEs with a handwritten note listing the information he wants to receive.  The teacher was very nice and I believe this year we have another "good" teacher.  As luck would have it she's a Mom/Stepmom herself!! Yay for our team! LOL  I think this teacher will understand the situation better than one who has never been there.

We saw the desk where SD will be sitting and looked at the folder of information on the desk.  There was some fees due so DH went ahead and paid for it. (Chalk up another point for us!!)  The teacher even gave DH an extra copy of the general information that was in the folder. Teacher also advised that she e-mails alot of things, like class newsletter, so we made sure she has our e-mail address. Ex and SD still weren't there by the time we left so we called her to let her know we'd been there and that DH had paid the fees.  She told DH that they were just getting ready to leave because they were going somewhere afterwards.  I think she waited til later because she didn't want DH to see SD when it wasn't his weekend. Bad thing is we had DD with us and I had told her she'd get to see her sister and she kept asking where her sissy was.  GRRRRRR  Can't tell a 3 year old that her sissy's mommy is a b****.

Couple of interesting things:  on the personal information sheet that has the address, emergency contact name/number, etc. it showed that SD was living with Ex and stepfather.  That's funny considering they've been separated for almost a year (will be a year in September).  I'm assuming she changed this when she saw it. For once they showed DH as the Father and had our address and phone number in there.  Past two years they had the SF listed as the Father and DH has always had them correct it. She had one of her friends listed as an emergency contact.

Keeping my fingers crossed for a good school year!
#29
General Issues / FERPA Letter Question
Aug 08, 2005, 11:23:27 AM
DH and his ex have joint legal custody.  For the past two years we've provided a FERPA letter to SD's school.  First year the teacher was great and sent us copies of everything, e-mailed us regularly and generally kept us in the loop.  Last year the teacher was quite a accommodating because she believed ex's lies about DH.  It wasn't until SD was having behavior problems and they HAD to get DH involved that she realized that he wasn't the monster she was led to believe.  By that time the school year was almost over.

School will be starting August 25th.  SD will be starting 3rd grade in a new school.  A dedication of the new school/open house is going to be held on August 21st.  Should DH send a new FERPA letter prior to the dedication/open house? Or, should he just wait until after school starts to send it?

DH saw SD's school file last year and it does have the two letters we sent to the prior school along with copies of the court order.  He even saw where they marked out stepfather's name as father and wrote his name in.  (That won't be a problem this year since the ex and stepfather are divorcing.)

Thanks in advance for your responses.
#30
General Issues / Tax Question
Jun 08, 2005, 07:04:25 AM
This question is for my daughter.

She lives with her boyfriend and they have an 11 month old daughter. Last year my daughter claimed the baby on her taxes and she got credit for child care expenses, the child tax credit  and EIC.

The BF just started working a new job and has just informed my daughter that he's claiming head of household and claiming her and the baby as dependants on his W-2.

My daughter has also just started a new job and she is planning on claiming the baby on her taxes at the end of the year.

Can the BF claim them since they aren't married?  He is named on the birth certificate.

Thanks!