General Power of Attorney

[TinkerBelleLuvr]

The thing that no one has pointed out is that the FATHER of the child appears to have access to email. If that is the case, there would appear to be no need for an intermediary in communications

OP - make sure that you bring up that point to your attorney. Along with the fact that they (X and wife) are implying that he spoke to them BEFORE talking with you.

 

[GinAA]

The thing that no one has pointed out is that the FATHER of the child appears to have access to email. If that is the case, there would appear to be no need for an intermediary in communications

OP - make sure that you bring up that point to your attorney. Along with the fact that they (X and wife) are implying that he spoke to them BEFORE talking with you.

Thanks tink, I have made a note of that. I don't think he is out of the states yet. I believe the do spend some more final training time and then will leave. Once he is truly out of the country, he will have very limited Internet access and no cell service.

You know he (his wife on his behalf) refused to get a Skype or any other video chat program account so that my son could see him. I don't even know if he saw the email or if she deleted it before he ever saw it.

I should be getting a call or email from my lawyer tomorrow.

 

[GinAA]

Fin

My attorney was in the office today and even had time to speak with me. She has also received a few emails from my EX and his wife. She has sent an email to both of them making sure they understand my position and the scope of what the POA covers.

I really like my attorney, she is no nonsence and to the point and keeps me from loosing it. This is the end of this issue as far as I'm concerned.

Thanks Again All!

 

[Silverplum]

My attorney was in the office today and even had time to speak with me. She has also received a few emails from my EX and his wife. She has sent an email to both of them making sure they understand my position and the scope of what the POA covers.

I really like my attorney, she is no nonsence and to the point and keeps me from loosing it. This is the end of this issue as far as I'm concerned.

Thanks Again All!

Yay!

Glad to hear this, Gina.

 

[TinkerBelleLuvr]

what did your attorney say was the scope of the POA?

 

[GinAA]

what did your attorney say was the scope of the POA?

This was pretty interesting to me.

She sent a quiry out to the network other family law attorneys in her area with the question about the scope of the POA. I think she sent the actual document (minus the names, of course). She said she got opinions from both ends of the scale but the overwhelming opinion was that the POA in no way gives another person the parental rights of a child that does not live with them. This particular POA adresses business and financial issues but NOT parental or child support issues.

That is bascially what her email to the EX and wife stated. Now, if I want financial help with an expense for my son like Scout Camp or driving school, I would have to discuss this with his wife since she is his POA for his financials. But she also told me to just keep receipts and present them to him when he returns for consideration, just like the uncovered medical.

Happy me.

 

[TinkerBelleLuvr]

If it were me, particularly on things like reimbursements, nothing says that you can't scan the receipts and send them to dad as they happen so that he is NOT blindsided on his return. Let him know what bills are happening.

There are times when you lose your opportunity to get reimbursement because you waited too long. You can state that he can reimburse upon return to the states.

I agree that it is best to avoid her as much as possible.

 

[TinkerBelleLuvr]

I held POA for my son when he was in Iraq. It was as your attorney stated - it allowed me to deal with the financial issues. I did NOT have the rights to file anything with the courts involving his son - he just did the Soldiers Act in that instance.

 

[GinAA]

If it were me, particularly on things like reimbursements, nothing says that you can't scan the receipts and send them to dad as they happen so that he is NOT blindsided on his return. Let him know what bills are happening.

There are times when you lose your opportunity to get reimbursement because you waited too long. You can state that he can reimburse upon return to the states.

I agree that it is best to avoid her as much as possible.

I am going to send him the information every few months but there really aren't any extra expenses and the uncovered medical is usually too small to bother with.

Now I just have to wait for her to ask for visitation.

 

[single317dad]

Now, if I want financial help with an expense for my son like Scout Camp or driving school, I would have to discuss this with his wife since she is his POA for his financials.

Keep in mind that although SM may be in charge of Dad's financials while he's deployed, her decision on whether to disburse money for an expense is unrelated to Dad's responsibility for that expense. Just like Dad himself could decide on his own that the court order didn't apply to certain expenses (and possibly be wrong about that), SM's decision-making power won't override the court's order on shared expenses.

 

[GinAA]

Keep in mind that although SM may be in charge of Dad's financials while he's deployed, her decision on whether to disburse money for an expense is unrelated to Dad's responsibility for that expense. Just like Dad himself could decide on his own that the court order didn't apply to certain expenses (and possibly be wrong about that), SM's decision-making power won't override the court's order on shared expenses.

That's correct. Our original CO did not adress extra expenses but the new child support order did but it only states that we must agree on the expense and it is up to him to decide how much he wants to contribute. I don't tell my son he can participate in something that I can't afford on my own. That just wouldn't be fair to him.

My husband goes through this with his daughter all the time. She (daughter)will call and ask him to help pay for something that she is already committed to (and needs the money for in a few days) and he knew nothing about it. And I'm not talking about $50.00 here or there, more like $2500.00 a pop. Then her mother uses the fact that he didn't (usually couldn't) contribute as the reason why she couldn't afford her financial obligation for the return travel expenses for her daughter to get back to her. My husband has had to pay for the return travel expenses for the last 2 years.

 

[gr8rn]

This was pretty interesting to me.

She sent a quiry out to the network other family law attorneys in her area with the question about the scope of the POA. I think she sent the actual document (minus the names, of course). She said she got opinions from both ends of the scale but the overwhelming opinion was that the POA in no way gives another person the parental rights of a child that does not live with them. This particular POA adresses business and financial issues but NOT parental or child support issues.

That is bascially what her email to the EX and wife stated. Now, if I want financial help with an expense for my son like Scout Camp or driving school, I would have to discuss this with his wife since she is his POA for his financials. But she also told me to just keep receipts and present them to him when he returns for consideration, just like the uncovered medical.

Happy me.

It seems to me like your ex and his wife want so badly for the POA to be an all encompassing document that would give her all this power so that she can try to make your life he!! for a few months. They don't have the wording they want in the document but they feel if they push hard enough everyone, including your attorney will read it the way they want it to be read. Not even smoke and mirrors. Just smoke.

I hope your attorney bills them for the time she took to review and research their little POA document.

 

[LdiJ]

It seems to me like your ex and his wife want so badly for the POA to be an all encompassing document that would give her all this power so that she can try to make your life he!! for a few months. They don't have the wording they want in the document but they feel if they push hard enough everyone, including your attorney will read it the way they want it to be read. Not even smoke and mirrors. Just smoke.

I hope your attorney bills them for the time she took to review and research their little POA document.

While that's a nice thought, her attorney cannot actually do that as it would create an attorney/client relationship with the ex and therefore a conflict of interest.

 

[GinAA]

While that's a nice thought, her attorney cannot actually do that as it would create an attorney/client relationship with the ex and therefore a conflict of interest.

Yes, but she tends to charge me a little less than her standard when my EX and his wife start the situation. She is very fair in that repsect.

Update: This morning, No emails from the EX or wife. First time in about a week. This will be a good summer after all.

 

[mistoffolees]

Yes, but she tends to charge me a little less than her standard when my EX and his wife start the situation. She is very fair in that repsect.

You should still be asking your judge to order your ex to pay your excess legal expenses.