Pmnt for med expenses *edited*

[ArkStepMom]

Original Oct 1998 order states NCP and CP equally share medical, etc. expenses.

After being served in 2002, CP requested expenses be reimbursed and in her letter itemized upwards of 40 medical expenses dating back to pre-divorce (Nov 1997), through May 2002 that were unknown to NCP.

There were 2 hearings, one in August 2002 and one in Dec 2002 of which no judgement was made in regards to this matter and the new order made no reference to medical, etc. responsibilities.

Some time ago you responded to a question I had about NCP's responsibilty to CP's request for expenses and advised NCP pay it.

After review, (subtracting CP's med. arrears to NCP and med. $ previousely payed by NCP) a reimbursement was made for a figure less then, but believed to be more accurate then CP's request.

CP responded by letter, demanding reciepts and accepting the check as "partial payment". On cashing the check, CP changed the front, "memo" portion of the check from "MEDICAL REIMBURSEMENT" by adding  to it "partial payment" (easily discernable as different writter)

NCP pays monthly for med. insurance. The 1998 order states "The husband shall continue to maintain and be responsible for the health insurance on behalf of the minor child through his place of employment. The parties shall equally divide all..."  that has never been shared.

Q: 1) What is NCP's responsibilty to concede to CP's demand of providing? (most of which are still in our file with our previous atty. who will not release it, (Pro. Ethics & Conduct Board found no fault with atty.)

Q: 2) Am I mistaken to believe that the change made to the check is somehow not right? And if I am correct, how so?

Q: 3) What, if any responsibilty should CP have to insurance payments made for child?

[socrateaser]

>Q: 1) What is NCP's responsibilty to concede to CP's demand of
>providing? (most of which are still in our file with our
>previous atty. who will not release it, (Pro. Ethics & Conduct
>Board found no fault with atty.)

The only legitimate reason why your prior atty would not release documents of yours within his control is if you didn't pay your bill. This is not a viable excuse. In any event, if you went to court on the issue, you would need to provide the receipts to prove your case, so why not just provide them now and avoid the litigation.

>
>Q: 2) Am I mistaken to believe that the change made to the
>check is somehow not right? And if I am correct, how so?

A memo entry on a check is just evidence. It's not a contract, until the court interprets its meaning. It's also not illegal for the recipient to modify the memo, but you can't be held to that modification, as you had no opportunity to object to the new meaning prior to the check's cashing.

>
>Q: 3) What, if any responsibilty should CP have to insurance
>payments made for child?

One half of unreimbursed healthcare expenses, based on your limited post of the court orders in effect.

[ArkStepMom]

I'm unclear!

if the 1998 Order "The husband shall continue to maintain and be responsible for the health insurance on behalf of the minor child through his place of employment. The parties shall equally divide all medical, dental, orthodontal. and prescription  bills which are not covered by insurance"

2002 Order makes no reference to medical, except "that husband shall not seek medical attention for child unless in the case of emergency"

I am of the understanding that if a new order does not make changes or void a particular item from an existing order that the old item stands.

Q: 1) Is that correct?

Q: 2) If it cost's "husband" $30.00/month through his place of work to have insurance coverage for the child, what is "mothers" responsibility to that?

ArkMom :)

[ArkStepMom]

BTW: The Atty bill was payed in full, $1500 plus other various fees, totalling $2100 and the final reciept as evidence (which was not itemized, just a dimestore 2X6 record of payment)
After several requests, our file arrived 8 weeks later, COD $190.00. A question asked to atty's office uncovered that the $190.00 represented copying fees! Subsequently the file was not picked up from post office.

[socrateaser]

>Q: 1) Is that correct?

Yes, that's correct.

>
>Q: 2) If it cost's "husband" $30.00/month through his place of
>work to have insurance coverage for the child, what is
>"mothers" responsibility to that?

The cost of insurance is NOT distributed equally between the parents. The parent who obtains the insurance is solely responsible for the premiums.

Only the amounts not reimbursed by the healthcare provider as part of actual services rendered on behalf of the minor child(ren) for healthcare are divided equally between the parents.

[socrateaser]

I understand. You should (1) have paid for the file and then sued the attorney for the unreasonable copying costs, or (2) sue the attorney for your file now.

The attorney has no right to maintain a copy of your case file. If you paid your bill in full, then you are entitled to your case file -- the original, not a copy.

So, if he/she copied the file, that bill is his/her problem. This is different from the medical profession, where the medical file is the property of the healthcare provider. Your casefile is YOURS, not your attorney's.

[ArkStepMom]

Well I better get busy drafting one more request!

Again thank you :)

[ArkStepMom]

I notice you wrote "actual services rendered"

1) Would Co-Pays then fall under shareable expenses.
(please keep in mind, CP uses med visits to keep us from visitation. costing us each time!)