Medical - items donated...

[dipper]

Soc,
 We are in VA.  DH is ordered to pay 75% of medical bills for ss.  It's basically a 'all reasonable and necessary' order.  

Okay, bm made purchases - enough for 40 days if used every day after the doc had instructed her to only use on small open wounds as necessary.  She used 2 out of the 80+ bandages......Also, one receipt just stated Dept 1 for items and she refuses to tell what purchases were for.

You had previously stated that one thing dh can do is to require proof of purchase - as in a store clerk that can remember exactly what was purchased months ago on such and such date......

BM is still pushing for payment and is holding onto current bills instead of forwarding them.  DH has requested these by the way......

IN order to just be rid of this mess...dh asked for 75% of items in exchange for his payment - stating that they were unnecessary but he did not want an ongoing battle so he would pay for them if he received them.  BM waits three weeks, then replies that he has an outstanding balance of $....., and she no longer has the bandages as she donated them to the hospital.

SS is not in the clear.  He is still undergoing treatment and may need these bandages at some point. Also, as she has lied in the past, it is questionable if they were donated.

Soc, dh goes to court for medical support adjustment, show cause against the bm, and custody in August.  

Will dh be able to ask the judge for a ruling regarding these unpaid items at that time or does he need to file some other type of motion?

Is dh responsible for items she admittedly donated?

[socrateaser]

>You had previously stated that one thing dh can do is to
>require proof of purchase - as in a store clerk that can
>remember exactly what was purchased months ago on such and
>such date......

Proof of purchase as in a receipt from the store where the merchandise was purchased. If you doubt the credibility of the receipt, then you will need to subpoena the custodian of records or a person otherwise most knowledgeable, from the store, to testify as to exactly what items are listed on the receipt.

>BM is still pushing for payment and is holding onto current
>bills instead of forwarding them.  DH has requested these by
>the way......

You can't pay what you don't know about.

>IN order to just be rid of this mess...dh asked for 75% of
>items in exchange for his payment - stating that they were
>unnecessary but he did not want an ongoing battle so he would
>pay for them if he received them.  BM waits three weeks, then
>replies that he has an outstanding balance of $....., and she
>no longer has the bandages as she donated them to the
>hospital.

LOL. Sure she did. You don't have an obligation to pay for your ex's charitable work. So, you can deduct 75% of the reasonable cost of the unused bandages from what you owe.

>Will dh be able to ask the judge for a ruling regarding these
>unpaid items at that time or does he need to file some other
>type of motion?

You need to file a written response to any written allegations made regarding repayment. I can't advise on your overall liability -- it woudl require an item by item analysis.

>Is dh responsible for items she admittedly donated?

See above. I wouldn't state to the court in advance of the hearing that she admitted to donating the bandages. I would just wait until she was in court and then ask her under oath:

1) What did you do with the unused bandages?

A: I donated them to the hospital.

2) What percentage of the total bandages that you purchased were donated by you?

A: ??%

3) Do you think it fair that I should be forced to pay for your charitable work?

A: Huh?

No further questions at this time, your honor. Reserve my right to recall the witness.

[dipper]

Soc,
 We are in VA.  DH is ordered to pay 75% of medical bills for ss.  It's basically a 'all reasonable and necessary' order.  

Okay, bm made purchases - enough for 40 days if used every day after the doc had instructed her to only use on small open wounds as necessary.  She used 2 out of the 80+ bandages......Also, one receipt just stated Dept 1 for items and she refuses to tell what purchases were for.

You had previously stated that one thing dh can do is to require proof of purchase - as in a store clerk that can remember exactly what was purchased months ago on such and such date......

BM is still pushing for payment and is holding onto current bills instead of forwarding them.  DH has requested these by the way......

IN order to just be rid of this mess...dh asked for 75% of items in exchange for his payment - stating that they were unnecessary but he did not want an ongoing battle so he would pay for them if he received them.  BM waits three weeks, then replies that he has an outstanding balance of $....., and she no longer has the bandages as she donated them to the hospital.

SS is not in the clear.  He is still undergoing treatment and may need these bandages at some point. Also, as she has lied in the past, it is questionable if they were donated.

Soc, dh goes to court for medical support adjustment, show cause against the bm, and custody in August.  

Will dh be able to ask the judge for a ruling regarding these unpaid items at that time or does he need to file some other type of motion?

Is dh responsible for items she admittedly donated?

[socrateaser]

>You had previously stated that one thing dh can do is to
>require proof of purchase - as in a store clerk that can
>remember exactly what was purchased months ago on such and
>such date......

Proof of purchase as in a receipt from the store where the merchandise was purchased. If you doubt the credibility of the receipt, then you will need to subpoena the custodian of records or a person otherwise most knowledgeable, from the store, to testify as to exactly what items are listed on the receipt.

>BM is still pushing for payment and is holding onto current
>bills instead of forwarding them.  DH has requested these by
>the way......

You can't pay what you don't know about.

>IN order to just be rid of this mess...dh asked for 75% of
>items in exchange for his payment - stating that they were
>unnecessary but he did not want an ongoing battle so he would
>pay for them if he received them.  BM waits three weeks, then
>replies that he has an outstanding balance of $....., and she
>no longer has the bandages as she donated them to the
>hospital.

LOL. Sure she did. You don't have an obligation to pay for your ex's charitable work. So, you can deduct 75% of the reasonable cost of the unused bandages from what you owe.

>Will dh be able to ask the judge for a ruling regarding these
>unpaid items at that time or does he need to file some other
>type of motion?

You need to file a written response to any written allegations made regarding repayment. I can't advise on your overall liability -- it woudl require an item by item analysis.

>Is dh responsible for items she admittedly donated?

See above. I wouldn't state to the court in advance of the hearing that she admitted to donating the bandages. I would just wait until she was in court and then ask her under oath:

1) What did you do with the unused bandages?

A: I donated them to the hospital.

2) What percentage of the total bandages that you purchased were donated by you?

A: ??%

3) Do you think it fair that I should be forced to pay for your charitable work?

A: Huh?

No further questions at this time, your honor. Reserve my right to recall the witness.

[dipper]

"You need to file a written response to any written allegations made regarding repayment. I can't advise on your overall liability -- it woudl require an item by item analysis."

Remember, you are dealing with an amateur here, I need step by step at times...sorry.

Soc, do you mean a written response to BM detailing why dh believes he is not responsible for these items?


Thank you so much!!!

[dipper]

"Proof of purchase as in a receipt from the store where the merchandise was purchased. If you doubt the credibility of the receipt, then you will need to subpoena the custodian of records or a person otherwise most knowledgeable, from the store, to testify as to exactly what items are listed on the receipt."

I forgot to clarify on this in my reply post.  Dh did receive a receipt...for dept. 1...dept 1..and dept 1......  He asked in two different letters for an explanation as to what these items were.  She ignored his request.  This MAY be because they werent required by the doctor - she put ss on vitamin e, but the hospital had said there was no need...and it was not listed on his discharge papers.  The receipt is not proof - it could be for her make-up for all  we know.....

[jilly]

You've got the receipt.  Presumably it has the name, address, phone number, date of purchase, etc.  If so, why not just call the store up and ask them what dept. 1 means?

[socrateaser]

>"You need to file a written response to any written
>allegations made regarding repayment. I can't advise on your
>overall liability -- it woudl require an item by item
>analysis."

>
>Remember, you are dealing with an amateur here, I need step by
>step at times...sorry.
>
>Soc, do you mean a written response to BM detailing why dh
>believes he is not responsible for these items?

Yes, but in your response, I wouldn't refer to her comments about donating the bandages to charity, because it would be more useful (and fun) to catch her in a lie in front of the judge.

[dipper]

I have thought of that and probably will, but the fact is...if they say its medical - ranging from drugs to bandages, what does that prove?  She could have bought a case of preparation H for herself....
Still, if they say beauty needs, that would clear up a lot....

Thank you for the suggestion...