R
reekid
Guest
Let me give you a little background of the case. All parties involved live in Indiana. My husband, Roger, is the father of Danielle (12 years old)she lives with her mother, Janet. Roger and Janet were never married and he voluntarily signed the paternity papers. Roger has visitation rights, but rarely sees Danielle.
Paternity was filed and a support order was entered in 1989. This order stated that Roger would maintain health insurance on Danielle and be required to pay all reasonable optometric, dental and hospital expenses upon proper presentation of the bills to him by Janet. He was also to pay $35.00 per week for support.
A new order was entered in May 2000 to modify support. The new order raised support to $50.00 per week. It also stated that Roger was to provide proof of insurance and to assist Janet in the filing of any insurance claims for Danielle. Both parties agree that each party shall be responsible for 1/2 of any medical, dental, hospital or optical expenses not otherwise covered by insurance carried by either party. It did not state [upon proper presentation of the bills to him by Janet].
We received a letter from Janet's attorney dated Nov. 9, 2000 stating that Danielle requires braces and gave the name of the dentist to contact. I contacted the dentist and asked them to send me any paperwork that was given at the initial visit. We received a letter dated August 11, 2000. I called the dentist and asked about the date and was told that they took a copy of the letter they had sent to Janet and just changed the address to ours. Also included with the letter from the attorney were past due bills from 1997 that had not been paid.
My husband wrote a letter to Janet's attorney stating that he was aware of his responsibility for expenses incurred by Danielle, and also that he could not pay bills of which he was unaware existed. The attorney replied that she had contacted Janet and requested her to provide copies of all medical bills, etc in a timely manner.
I spoke to Janet in April 2001, she asked my when Roger was going to start paying for Danielle's braces. I told her I did not know and would speak to him about it. I received a letter from Janet in May 2001, and she said if she did not have an answer about the braces she was going to contact her lawyer and see what she could do. This was my response to her:
Roger has finally told me what his thoughts are on the braces. The order for support stated that he was responsible for all reasonable medical, dental, and optical bills, upon proper presentation of the bills (from you to him). He said it was not proper presentation because he was not told she needed braces until he received the letter from Julia in November. We contacted the orthodontist and they sent us a copy of the letter that you had received, it was dated August 11, 2000. He feels that he was notified of the braces bill in a timely manner. In most cases, a timely manner or proper presentation means within 30 days.
My husband received a letter [Request for Production] from Janet's attorney asking for tax returns for the last 3 years, and pay stubs for the last 3 months. She wants these sent to her on or before Dec. 16, 2001. Why does she need tax returns, and does he have to send them to her? If he does send them, will Janet see them? He had to send pay stubs in May 2000 when the support was modified. Additionally, he has been ordered to appear on Dec. 18, 2001, to show cause why he should not be held in contempt.
Roger feels that he is not in contempt because Janet did not contact him about the braces (that were put on in August of 2000), he was finally notified through her lawyer, and the letter stated that Danielle "requires braces" not that she had already gotten the braces 3 months earlier. He feels that Janet should have notified him when she became aware that Danielle would need braces, at the very least she could have had the common courtesy to notify him that he was going to have to pay approximately $2000.00 for dental work.
Because the new support order does not state upon proper presentation of the bills, does that mean it doesn't matter when he is notified of the bill?
Does he have a chance?
Paternity was filed and a support order was entered in 1989. This order stated that Roger would maintain health insurance on Danielle and be required to pay all reasonable optometric, dental and hospital expenses upon proper presentation of the bills to him by Janet. He was also to pay $35.00 per week for support.
A new order was entered in May 2000 to modify support. The new order raised support to $50.00 per week. It also stated that Roger was to provide proof of insurance and to assist Janet in the filing of any insurance claims for Danielle. Both parties agree that each party shall be responsible for 1/2 of any medical, dental, hospital or optical expenses not otherwise covered by insurance carried by either party. It did not state [upon proper presentation of the bills to him by Janet].
We received a letter from Janet's attorney dated Nov. 9, 2000 stating that Danielle requires braces and gave the name of the dentist to contact. I contacted the dentist and asked them to send me any paperwork that was given at the initial visit. We received a letter dated August 11, 2000. I called the dentist and asked about the date and was told that they took a copy of the letter they had sent to Janet and just changed the address to ours. Also included with the letter from the attorney were past due bills from 1997 that had not been paid.
My husband wrote a letter to Janet's attorney stating that he was aware of his responsibility for expenses incurred by Danielle, and also that he could not pay bills of which he was unaware existed. The attorney replied that she had contacted Janet and requested her to provide copies of all medical bills, etc in a timely manner.
I spoke to Janet in April 2001, she asked my when Roger was going to start paying for Danielle's braces. I told her I did not know and would speak to him about it. I received a letter from Janet in May 2001, and she said if she did not have an answer about the braces she was going to contact her lawyer and see what she could do. This was my response to her:
Roger has finally told me what his thoughts are on the braces. The order for support stated that he was responsible for all reasonable medical, dental, and optical bills, upon proper presentation of the bills (from you to him). He said it was not proper presentation because he was not told she needed braces until he received the letter from Julia in November. We contacted the orthodontist and they sent us a copy of the letter that you had received, it was dated August 11, 2000. He feels that he was notified of the braces bill in a timely manner. In most cases, a timely manner or proper presentation means within 30 days.
My husband received a letter [Request for Production] from Janet's attorney asking for tax returns for the last 3 years, and pay stubs for the last 3 months. She wants these sent to her on or before Dec. 16, 2001. Why does she need tax returns, and does he have to send them to her? If he does send them, will Janet see them? He had to send pay stubs in May 2000 when the support was modified. Additionally, he has been ordered to appear on Dec. 18, 2001, to show cause why he should not be held in contempt.
Roger feels that he is not in contempt because Janet did not contact him about the braces (that were put on in August of 2000), he was finally notified through her lawyer, and the letter stated that Danielle "requires braces" not that she had already gotten the braces 3 months earlier. He feels that Janet should have notified him when she became aware that Danielle would need braces, at the very least she could have had the common courtesy to notify him that he was going to have to pay approximately $2000.00 for dental work.
Because the new support order does not state upon proper presentation of the bills, does that mean it doesn't matter when he is notified of the bill?
Does he have a chance?