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What is the name of your state? NY

In Nov 2006 I sent a letter asking ex for his share of uncovered medical costs. He ignored it. A household member signed for it.

He filed mod in Dec 2006.
I just got through that petition. Went to court early Jan (she gave him almost 2 months to find a job) come back in end of Feb, he says he has injury in neck and back. Filed objections early April/late March. Those were denied.

He never replied to the letter asking for her medical costs to be reimbursed. I was advised to give him some time to find a job and to start paying support (he didnt do so neither did he pay the uncovered costs). So I had planned to file a violation last Wed (my day off from work).

Last Tues I got papers for a new modification. He says same stuff, "I didnt quit I lost my job etc and was then out on injury" Has 4 doctor notes, But these were brought up at last court date (for the LAST modification which was already decided to be dismissed in Feb). He kept his word when he told Magistrate he would just file again if she didnt lower it. We have same magistrate as last time this upcoming date. That cell phone he was stating "about to get shut off and will have to use home phone for court appearances" is still listed as contact number. Funny how he pays cell bill but ignore support. He says all he could find was a part time job but he only works "sometimes not all the time".

I was told that he couldnt try same evidence or reason (being that same injury) a second time (after being brought to court) so hopefully he will stop this crap and that it will be thrown out again. Is this true?

Also has anyone ever been through continuous modification petitions from ncp in such a little period of time? This is 3rd downward mod petition he has filed and my order is a little over 2 yrs old. This probably doesnt matter but shows how little effort he puts in it and how much he cares for his child. When he filled the petition out put wrong birthdate first put 6/25 then crossed out and put 6/24, -her actual birthdate is 6/26, the amount of support he listed is wrong also (all he has to do is look at the support order).

I was also advised to go ahead and still file the violation and maybe they could combine them together and get done all at once. The time frame for me being reimbursed is critical because these bills are all the way from Feb 2004 (weve had to have the order modified to reflect the uncovered costs-they left it off by accident)- Magistrate corrected it Oct 2006 and it is retroactive up to Feb 2004. Ive heard if I wait a long time I cant be reimbursed.
Also if anyone knows what will happen during the violation, is it up to be to prove he did vioalte or him to prove he didnt?
Thanks for any advice at all on this.
 



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