Child Support issue with previous medical bill. getting blackmailed need advice

[jrmjrmjrm]

I live in california. I'm in college in san diego and my son was born and lives with his 18 year old mother at her parents house in orange county. i have visitation every other weekend at my parents house, also in orange county.

My son was born in November, 2009. we finally got the visitation order finished and filed in February, 2011. That order stated that i was to pay half of any reasonable uninsured healthcare costs. that order also has a stipulation that i cannot bring my son to San Diego until he is 2 years of age, which he will be in November of 2011 (based on mothers desparate wishes).

In August of 2011, we had a hearing with a judge for our child support case. although i am in school and not working, the judge impuded my wages to full time at minimum wage and ordered that i have to pay 214$ a month starting Sept 1, and an arrears amount beginning in June. this took into account that i have to take the train from san diego to orange county every other weekend that costs around 90$ a month, something mother does not have to do.


I had thought i had heard the end of the drama with the child support case in August, however the mother's stepfather called my father last weekend. he said he had a 4200$ medical bill from when my son was born and said that i am responsible for half of it and that he would not make me have to pay it as long as i agree to not bring my son to my apartment (i live alone) in san diego until he is 3.5 to 4 years old. That is blackmail.

My question is, is he even entitled to that money? since he did not bring it up in the child support case where we talked to the judge about all outstanding money issues, is he allowed to hold it and bring it up whenever he wants to use it against me? is there a time limit on when he can bring it up (he has known about the bill for about two years now)? I'm sure the mother was eligible for medi-cal, if that is true, and she elected to have her parents pay, am i responsible for that choice? and finally, since her stepdad paid it and she didnt take out a loan to pay it or pay it herself, do i owe HIM the money, even though it could be considered as a gift to his stepdaughter?

any help would be greatly appreciated. i would really like to have my son with me at my appartment and not have to spend every other weekend with him at my parents house with all of my brothers and sisters until i'm 20-21 years old. i need advice : /

 

[Silverplum]

I live in california. I'm in college in san diego and my son was born and lives with his 18 year old mother at her parents house in orange county. i have visitation every other weekend at my parents house, also in orange county.

My son was born in November, 2009. we finally got the visitation order finished and filed in February, 2011. That order stated that i was to pay half of any reasonable uninsured healthcare costs. that order also has a stipulation that i cannot bring my son to San Diego until he is 2 years of age, which he will be in November of 2011 (based on mothers desparate wishes).

Okay.

In August of 2011, we had a hearing with a judge for our child support case. although i am in school and not working, the judge impuded my wages to full time at minimum wage and ordered that i have to pay 214$ a month starting Sept 1, and an arrears amount beginning in June. this took into account that i have to take the train from san diego to orange county every other weekend that costs around 90$ a month, something mother does not have to do.

That's normal and fine. You don't get to avoid paying for your child's needs just because you're in school.

I had thought i had heard the end of the drama with the child support case in August, however the mother's stepfather called my father last weekend. he said he had a 4200$ medical bill from when my son was born and said that i am responsible for half of it and that he would not make me have to pay it as long as i agree to not bring my son to my apartment (i live alone) in san diego until he is 3.5 to 4 years old. That is blackmail.

Yes, it is.
Your X's stepfather should not be calling your father. Your X's stepfather has no legal standing in any of this, ever. He's just being pushy. ONLY the PARENTS should be dealing with any of this stuff. Your X is a little girl, apparently.

My question is, is he even entitled to that money? since he did not bring it up in the child support case where we talked to the judge about all outstanding money issues, is he allowed to hold it and bring it up whenever he wants to use it against me? is there a time limit on when he can bring it up (he has known about the bill for about two years now)? I'm sure the mother was eligible for medical, if that is true, and she elected to have her parents pay, am i responsible for that choice? and finally, since her stepdad paid it and she didnt take out a loan to pay it or pay it herself, do i owe HIM the money, even though it could be considered as a gift to his stepdaughter?

any help would be greatly appreciated. i would really like to have my son with me at my appartment and not have to spend every other weekend with him at my parents house with all of my brothers and sisters until i'm 20-21 years old. i need advice : /

You don't have to do anything not outlined in a court order.

 

[Proserpina]

I would politely ignore Stepdad and stick with your parenting plan and current child support orders.

If he wants to sue you in small claims, let him. You can deal with that if it happens.

Don't be bullied into giving up the RIGHT to have your child with you!

 

[jrmjrmjrm]

thank you for both of your responses, i really appreciate it! i do intend to ignore it but i just wanted to test out the forums to see if anyone knew if they would be entitled to that money IF they did take me to court?

 

[Proserpina]

thank you for both of your responses, i really appreciate it! i do intend to ignore it but i just wanted to test out the forums to see if anyone knew if they would be entitled to that money IF they did take me to court?

He can surely try. Anyone can try to sue anyone for anything in our great country.

However it would appear that reimbursement of birthing costs is done as part of the initial child support calculation. And this would involve Mom, not him.

So, wait and see if he files anything. He can't file in family court, so he'd have to convince a judge in small claims that you should be responsible.