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State is CA.

Both parties are ordered to provide medical insurance on the minor children. My insurance is primary. Ex's is secondary. We are ordered to each pay 50% of reasonable uninsured health care costs.

I am in receipt of a medical reimbursement request from my ex. The amount requested includes over the counter products that could be used by anyone in the family, and costs for a prescription at full cost because ex chose not to go to one of the many covered pharmacies available to choose from. I had even discussed with ex, that same day, that Walgreens across the street from ex's house is a preferred pharmacy.

In California's Notice of Rights and Responsibilities Health Care Costs and Reimbursement Procedures, number 6 states that "If a parent provides health care insurance as ordered by the court, that insurance shall be used at all times to the extent that it is available for health care costs."

Number 7 states "If the court ordered coverage designates a preffered health care provider, that provider shall be used at all times consistent with the terms of the health insurance policy. When a party uses a health care provider other than the preferred provider, any health care costs that would have been paid by the preferred health provider had that provider been used shall be the sole reponsibility of the party incurring those costs."


1) Are pharmacies considered a "health care provider"?

2) If so since ex didn't go to a preferred provider pharmacy and did not use the child's primary insurance (or secondary) at all, am I responsible for only half of what the cost would have been had ex used the insurance (I am referring to numbers 6 & 7 above)?

3) Are over the counter medical items, such as hydrogen peroxide, band-aids, tylenol, etc. considered uninsured health care that is reimbursable?

4) If answer to number 3 is yes, then how would one determine what portion of an item that can be used by an entire family is deligated to the child?

Thanks.

Original and only child support order, custody order etc. filed in CA.

Ex moved to Texas with the two children, immediately after order was entered three years ago. I remain in CA.

Ex now wants to modify child support and claims that they are doing this in Texas and I will get paperwork served on me in the next few weeks.

1) Does texas have jurisdiction for child support?

2) If not and I get served with papers from Texas what would be the procedure to have the case heard here in CA?

Thanks

Soc-

Today we had a man walk into our back yard while our pool company was pouring some concrete. He tried to walk along the edge of our pool, presumably to avoid stepping in the wet concrete. He ended up falling into the empty pool (about a 10-15 foot drop) and caught himself on some rebar and got scratched up pretty bad.  There was some blood but we don't know the extent of his injuries.

To our knowledge he didn't break anything nor did he hit his head. My husband offered to call an ambulance for him, offered him some ice and he said he was okay but would need to go through our house to get back to his truck. My husband walked him through the house and watched him drive away.

After the fact my husband asked the concrete company if the man was with them, and they didn't know who he was. Then he asked the pool company if they knew who he was, and they didn't.

We expect that we will likely be served with a lawsuit from this guy seeing as how sue happy people are these days. Seeing as he had no buisness being on our property I was hoping for some thoughts on how to prevent him from successfully suing us.

1) Could we counter sue for tresspassing and undue emotional stress?

2) What are your thoughts?

We live within 10 miles of one another and share 50/50 custody.

What I suggested to her was that I keep the kids from Friday the 15th until Christmas, and that she keep them until January 5th (two weeks from the Friday after the second child gets out). The only two days in question here are  Monday the 18th and Tuesday the 19th. I would have the children every day except those two, up until Friday the 22nd anyway.

Which would ultimatly result in me having them from 12/13 to 12/25 and her having them from 12/25 until 1/10. This would allow her to have the children for New Years which our court order doesn't provide for and for the past 6 years has been on my time.

1) Does Father have kids from the Friday that the first child gets out or the Friday two days after the second child gets out? That is the question.

2) The only forms I can find regarding changing the schedule is an OSC for Custody and Child Support. Is that what I need to file for clarification of the current order? State is CA

3) If answer to number two is yes then do I check the box for Child Custody or Modifiaction or both?

Thanks

Court order reads:

Christmas: begins Friday at the end of school through the Friday two weeks later. The children shall be exchanged of Christmas day at 4 p.m. Father shall have the first period on even years and the second period on odd years. Mother shall have the first period on odd years and the second period on even years.

My oldest daughter gets out of school on Friday, December 15th.

My other daughter gets out of school on Wednesday, Decemsber 20th.

Both children return to school on Wednesday, January 3rd.

Mother refuses to discuss with me how this holiday will work. She say she plans to follow the court order and won't consider any changes.

1) Given the court order, what is your interpretation as to who has the children at what times?

Mother sent and email back in March stating that she will take her summer vacation with our girls from 7/15 to 7/29 or from 7/17 to 7/31. I was in the process of planning my summer vacation for the same time.

I responded that two range of dates wasn't a valid notice of her vacation dates. I explained that I was scheduling my vacation around that time. I gave her 24 hours to give me exact dates or I would assume this wasn't a valid request and would request my dates that I wanted.

She responded within 24 hours that she intended to take the girls from the 17th at 3 pm to the 30th at 3pm. She specified that she was returning the girls to me on Sunday the 30th at 3pm during my regular custody time and then they would return to her on Monday the 31st at 3 for her regularly scheduled custody time.

Our court order requires that the other parent have a 24 hour period with the children immediatly before and after a vacation. The children then have to come to me after her vacation for 24 hours, and then with her for 24 hours prior to me starting my vacation.

I schelduled my vacation to begin on August 1st at 3 pm, allowing us both the court ordered 24 hour notice.

Mother now claims that she mearly made a typo in her vacation days (she is entitiled to 14 days and only scheduled 13) and intended to not end her vacation until the 31st at 3 pm, and I should have realized her mistake since her original email had the 17th - 31st as one of her options.

Despite my having already made plans with the children and expending cost on those plans I suggested that if she wanted to keep the girls until the 31st we could trade it as her 24 hours before my vacation and I would take her 24 hours from Monday to Tuesday.

She informs me that it is part of her vacation and I am the one with the problem because I didn't schedule my vacation 48 hours after what she intended her vacation to be. She says she now intends to keep the girls for the 14 days instead of her requested dates, and suggests that she keep them longer until Tuesday morning as her "24 hour period".

Original orders stated that vacation must be requested 30 days in advance, the most recent order does not specify any time restraints on notification but we have always given at least 30 days.

She has a history of doing this kind of stuff and in fact decided at the last minute last year that she made a mistake on her vacation dates and needed to change them. Every other year she decides that the court "should" have given her every other new years holiday with the girls and she refuses to return the girls to me at the specified time.

1) Given that the most recent court order doesn't specify that she must give 30 days notice am I screwed?

Any suggestions you might have would be appreciated. I am in Placer county and judges here don't take kindly to parents filing contempt, so I don't feel that is an option.

My husbands court order states "each parent shall have first right of refusal to parent the children if the other parent will be away from the children for 24 hours or more."

My husband is going out of town on buisness next week Tuesday morning to Friday afternoon, but will stay at work until the end of the workday on Friday. The children are scheduled to be here from Wednesday afterschool to Monday afterschool.

Husband sent and email to BM 2 weeks ago stating he would be gone for more than the 24 hours and would she like the kids from Wednesday afterschool to Friday afterschool.

She responded that she will take them Wednesday night and doesn't know if she has to work Thursday yet. Last night, husband emails her again and says we need to know if she intends to keep the kids so we can make appropriate arraingments.

She responds that "Even if I have to work, I will pick them up after school, and drop them off when I go to work."  

The rest of the family has plans that evening that I would like to include husbands kids in as well. None of us can participate if I have to wait at home in case she "might" drop them off.

1) Can she pick and choose parts of the offered time, or is first right of refusal an all or nothing deal?

2) Is husband obligated to have someone to be her babysitter if she has to go to work?

3) Friday afterschool does she have the right to pick up the kids since husband will not be getting home until after work (5:30ish) approximatley 2 hours worth of time?

Any other thoughts are appreciated.

It has been my experience that Soc is right on the money 99.9% of the time. Soc provides excellent legal advise to the posters on this board.

I think all the posters on this board can understand your frustration about your situation, as most of us have similar problems, but this board isn't for venting those frustrations. It is for obtaining legal advise. In order for Soc to provide that to you, you must post the facts about your case, not your emotional opinions.

Good luck to you.

And Soc please keep of the wonderful service you are providing to the posters on this board, we appreciate what you are doing.

Ca

My ex and I have been going back and forth as to what number is guidleline. We agree on all numbers except that he wants his medical expenses to be treated as medical insurance instead of medical expenses.

This results in a difference of approx $85 a month. Ex says he calculated guideline at $1049 and then said he will only agree to $1000 a month and only if I agree to no wage garnishment and no DCSS. Then he continued on "If you continue to demand more than that, I will be forced to contact my lawyer for more of an aggressive approach. Of course if the children add more custody with me this will change child support."

I am asking that CS be set at Guideline (I calculate at $1122) unless he can prove that the medical expense are truely insurance costs. And the standard wage garnishment through DCSS.

Ex and his wife were having medical issues and begged me to not file paperwork with the courts so that they could have time to address these issues. Ex has agreed in an email that he will make any changes to CS retroactive to April 1st since I agreed to wait to file papers.

1) Do you think that his email agreement to make changes retroactive to April 1st will hold up in court if he changes his mind?

2) Would his comments that if I don't agree to less than guideline he will seek a more agressive approach, indicating taking me to court for more custody, qualify as extortion?

Thank you Soc.

Soc-

My husbands original CO states that "neither parent may enroll the children in a recreational activity without the others consent."  They have joint legal and physical.

Over the years there have been changes to the days the children are exchanged, etc. but no changes to recreational activities.  However the updated orders do not specifically state that all previous orders are still in effect.

Mother informed my DH that she inteded to enroll minor child in softball. DH told her he did not consent to her playing this year, and would consider it next year.

This is due to the minor childs severe behaivor problems the past several years toward her coachs and teammates, child is afraid of playing and has told us she does not want to play, as well as Mothers husband is one of the coaches. Mothers husband has physically assulted my DH and the one of the minor children, and is banned from disiplining the children via court order. There are additional reasons as well but not really relavant here.

Mother said then she would enroll child and child would only play durring her custody time. Dh said no this is a violation of the court order. He informed the League of the court order and that he did not consent to monir child being enrolled in their league.

Mother informed us today that she has in fact enrolled the child in softball with this league and still intends for child to only play during her time.

DH contacted league again and asked that they remove child from their program. They responded that they would need both parents consent to remove her. However they had no obligation to get both parents consent to enroll her.

1) What would be the best and fastest course of action to enforce the court order?

2) Can the league be held responsible in any way since they were notified that it would be a violation of a court order prior to mother enrolling child?

Any other suggestions?