privacy not protected ?

[faithnlve]

What is the name of your state? Vt....I went to court in April due to being behind 6 months of child support. Amounts to 7,0000.00. I had been ill and showed the judge my medical bills from all my doctors and I also showed the judge that I was scheduled for major surgery in march. I also listed all the job searches and told the judge because of my future surgery I was getting declined for work. I then was told by the judge that another hearing would be scheduled May 1st to show why I should still not be in contempt. He felt that I was not diligent enough to find work and made the comment that "I was looking at jail time." Yesterday I received from the family court the hearing notice with an order for all my doctor notes, and surgical notes from my doctor. This is not easy to get. Plus, thank goodness for the good Lord, I did begin a job a week before my surgery even with the employer knowing I would be out for 2 weeks due to my surgery. I only worked for 5 days to train, but now I am working. But, now I am having a hard time getting my surgical notes from my surgeon. My medical records I can get but it costs money and alot of time. Anyways, what happens if this judge still puts me in jail? Can he? Thanks

 

[nurse_nan]

If by surgical notes you are referring to the operative report it is part of your medical record from the hospital and not at all hard to obtain. Just walk in, sign a release, and pay a fee if any. If you are referring to notes from the surgeon's office record, same deal. It's a record of information regarding your health and you have a right to it. Very easy. Just walk into the office, sign a release and pay their fee for copying it.
What was that about "privacy not protected?" Didn't see anything in there about your privacy being violated. If you used your medical condition as an excuse for not paying child support you should have figured they'd want more info.

 

[faithnlve]

oh sorry. what I meant was keeping my medical problems away from my ex. My ex is a stalker. He even keeps a journal on me on my where a bouts. I just don't think its his right to know about my life. Thanks

 

[Gracie3787]

oh sorry. what I meant was keeping my medical problems away from my ex. My ex is a stalker. He even keeps a journal on me on my where a bouts. I just don't think its his right to know about my life. Thanks

Nurse nan gave the correct advice, those records are very easy to obtain for you because they are your records.

Sometimes a court will allow the production of medical records to the court only. (In other words, they can be produced during a hearing where the Judge and the other party views them, but they do not get given to the other party or the court to keep). Check into that possibilty. It's undertandable that you will need to prove your medical problems, but you should be allowed to do so in a way that does not give full access to your records to anyone other than the court.

 

[faithnlve]

what about my contempt stuff? since I am now working will I still be in contempt? Even if I prove my medical stuff?

 

[Gracie3787]

what about my contempt stuff? since I am now working will I still be in contempt? Even if I prove my medical stuff?

Since you did have enough evidence at the time of your first contempt hearing for the Judge to continue the case, it seems like you will not be found in contempt. As long as you can still prove that your medical condition is still a problem and prove your continued effort to find employment, there really isn't any way that a Judge can LEGALLY make a finding of contempt. (unfortunately, there's no guarantee, but the fact that the Judge didn't make a finding right away gives hope that this Judge is following the law).

That's why it is SO important to get as many medical records as possible and have other documentation of a job search. When my hubby had been laid off due to injury he made a job search and then several weeks later went back to the same companies he had applied at to ask if they would write a simple note verifying that he had indeed applied on such and such a date. Some companies weren't willing, but most were. As it turned out his case didn't go to court, but those papers helped when he gave them to the DOR CSE.

EDIT: I just noticed that you are now working. Is the CS being garnished? If not it is EXTREMELY important that you make a payment out of every single paycheck, no matter how small, it will show the Judge that you are making a good faith effort to pay.

 

[GrowUp!]

IIRC, any medical documents directly wrt to the medical issues at hand only can only be viewed by the Court. That is where HIPPA comes into play...the other party is not legally entitled to view them. They are allowed to ask about generalities of the condition that prevented you from working, but that's really about it.

The OP could also have the doctor(s) write a letter directly to the Court about the medical situation and what prevented him from working. The Doc should be well aware of HIPPA and can probably include language in the letter about it (not all Judges are familiar -- or at least very clear on exactly how much can be revealed). But since it is part of this case, the other party -- and the court -- can ask for generalities. OP, you might want to see about consulting some attorneys who specialize in HIPPA-type situations that could know exactly what is and is not allowed legally.

 

[Zephyr]

and start paying immediately of course- so by the time you are actually IN court you will be caught up as much as possible

 

[faithnlve]

I made sure I notified OCS of my new job first day. first paycheck they got child support payments. What I am afraid of is judge still finding me in contempt even after all is said and done. This judge made the remark...."your looking at jail time". Not taking my license...jail time. I had 4 years of affidavits showing me paying child support, which showed only an average of 2 to 3 months when not employed and looking. The arrearages accumulated in 2001 and 2002 while in a high risk pregnancy and the courts back then did not find my arrearages willful. But, thank goodness I have a good job and paying once again. My ex when I had custody was over 6000.00 in arrearages in 1999, did not have the interest added like I have (which amounts to over 2000.00. , and never found in contempt, even when OCS pulled him back into court. Seems unfair. thanks Faith