She is demanding money......

[dipper]

Soc,

Dh saw bm tonight and she handed him a handful of bills with a letter stating that he owes $322.  This is just for one doctor visit, medication, and bandages.  The meds - she wouldnt allow ss to bring one down here stating that it cost too much.  The bandages -we had to buy our own when he was here, she sent an empty wrapper.  And - she purchased 28 rolls of gauze which ss has not used at all, and 19 packages of bandages.  Okay - the bandages were picked up after she had stopped putting them on ss' legs.  The date for pmt on the statement is 5/20 - he came down here that day without any bandages on.

Also, she states that she wanted payment of this soon as she is working part time to take care of their son.  She has only worked part time for months now!!!  In fact, her mother got the doctor to sign a document stating that she could not pull jury duty because she would be taking care of ss, and she has not did that.  BM leaves ss home alone.  

Soc, we want to address this issue now.....we want to point out the fact that the homeowner's are the ones she needs to address bills with.  Also, we want to point out the other info - the grandmother supposedly taking care of him......her working part-time for months, and the fact that she purchased bandages that were not necessary. We are fully aware that she can turn these back in, get her money back, and dh will have paid for nothing.  

We also want to refuse payment based on her negligence in this.  Had ss not been with those children, been grounded as he was supposed to be, and had he been in counseling, this impulsive action may not have taken place - and he would not have been burned.

But, soc, do we have a chance of a judge agreeing with us?


How should we state this letter for the most impact and legal punch?


Thank you!

[socrateaser]

>Soc,
>
>Dh saw bm tonight and she handed him a handful of bills with a
>letter stating that he owes $322.  This is just for one doctor
>visit, medication, and bandages.  The meds - she wouldnt allow
>ss to bring one down here stating that it cost too much.  The
>bandages -we had to buy our own when he was here, she sent an
>empty wrapper.  And - she purchased 28 rolls of gauze which ss
>has not used at all, and 19 packages of bandages.  Okay - the
>bandages were picked up after she had stopped putting them on
>ss' legs.  The date for pmt on the statement is 5/20 - he came
>down here that day without any bandages on.
>
>
>Also, she states that she wanted payment of this soon as she
>is working part time to take care of their son.  She has only
>worked part time for months now!!!  In fact, her mother got
>the doctor to sign a document stating that she could not pull
>jury duty because she would be taking care of ss, and she has
>not did that.  BM leaves ss home alone.  
>
>Soc, we want to address this issue now.....we want to point
>out the fact that the homeowner's are the ones she needs to
>address bills with.  Also, we want to point out the other info
>- the grandmother supposedly taking care of him......her
>working part-time for months, and the fact that she purchased
>bandages that were not necessary. We are fully aware that she
>can turn these back in, get her money back, and dh will have
>paid for nothing.  
>
>We also want to refuse payment based on her negligence in
>this.  Had ss not been with those children, been grounded as
>he was supposed to be, and had he been in counseling, this
>impulsive action may not have taken place - and he would not
>have been burned.
>
>But, soc, do we have a chance of a judge agreeing with us?

Maybe. Depends on how well you make your case.

You can argue that the amounts to be reimbursed for healthcare are intended to be for the reasonably necessary course of treatment, as prescribed by a physician, and not for over-the-counter, and arguably unnecessary descretionary items for which ordinary child support is to be allocated.

You can argue that the mother may have purchased certain items with the intent of returning them for store credit after she received reimbursement from you, and that you have yet to see the child actually use any of the specific items purchased. For example, you never observed any bandages of any kind on the child, nor were any bandages supplied to you for application on the child while in your care.

As for the doctor visit(s), you're responsible for 75%, and there's no getting out of it.
>
>How should we state this letter for the most impact and legal
>punch?

----------------------------

Dear X,

I am in receipt of your bills for medical expense reimbursement. I am enclosing a check for $X to cover the cost of your out-of-pocket healthcare services rendered to CHILDSNAME by a physician, and for any prescribed medications or rehabilitative supplies.

However, as to the bills for ___, ___, and ____, unless you show me that these items were prescribed by a physician as reasonably necessary for our child's recovery, then I believe that my obligation for reimbursement is satisfied by my regular child support payments.

For the record, I have never seen CHILDSNAME actually using any of the above-listed descretionary items, nor have you ever provided any of them to me for use while CHILDSNAME is in my care. This strongly suggests to me that the items are entirely discretionary in nature, and not subject to separate reimbursement as reasonably necessary healthcare costs.

Finally, I think that you should consider joining me an an action to recover legal damages from your neighbor, NEIGHBORSNAME, because all of the injuries sustained by our child, occured while he was under NEIGHBORSNAME's supervision.

Please let me know if you would like to proceed with this option -- if not, I will likely proceed without you.

Sincerely,

YOURNAME

----------------------------------------

If you want to sue the neighbor, then contact a personal injury attorney and sue the neighbor. If you believe that the other parent was also negligent, then sue her too. But, while you're waiting for a result in that case, you must pay for the reasonable necessary costs of recovery. If you refuse to pay, then any jury who would later be asked to consider a verdict, might look at you as nothing more than a con artist, yourself, trying to grab some easy money from a insurance company.

Your out-of-pocket expenses are the best method of demonstrating your good faith in this matter. Frankly, the cost of a few bandages is chump change, because if the child is permanently injured, then you could get quite a large award from a personal injury action, paid by the neighbor's homeowner's policy.