Continued again?

[CJane]

What is the name of your state? MO

I got a phone call from my attorney today. My ex finally filed his motion for supervision... she received the motions by fax today (trial is scheduled for Monday).

There's the motion for supervision which in a nutshell requires me to visit with my kids at my mom's house - no overnights. Now, one must remember that my mom lives 2.5 hours away. So, I'd have to pick the kids up @ the ex's house, drive 2.5 hours to mom's house.. bring them BACK to ex's house Sat night, pick them up again on Sunday morning and drive back to mom's house, and then return Sunday night. 10 hours in the car every other weekend... and yet their 35 minute commute to school 3 mornings a week is too stressful?

Then, there's the motion for attorney's fees, claiming that my request for modification of the language was frivolous. Wouldn't the time to mention that have been a year ago when all this started?

Finally, there's a motion for $3700 in medical bills. Nevermind that I haven't seen a medical bill in a year and a half. Not sure how I'm supposed to pay something I've never seen. He's also requesting I pay his insurance premuims for the past two years. Our order is written that I'm to provide insurance when it's available through my employer at a reasonable rate. Well, it only became available in Oct, and it's NOT reasonable. I had them on MC+ (state ins) after the divorce, and he chose to put them on his insurance at work. Add to that his copay is $10, and that's 180 office visits for the kids in the past year. I'm thinkin that DID NOT happen.

I've also never heard a word from the GAL since she had to cancel Saturday morning's visit.

So, I'm guessing we're facing another continuance.

My questions...

Is it likely the judge wouldn't grant the continuance?

Is it possible to request that he not consider the ex's motions since they were filed so late in the game? (remember, the last continuance was requested by them so they could file the motion for supervision, and then they decided not to, stating in the ex's deposition that they'd decided it wasn't necessary).

 

[Zephyr]

Hi CJane- I'm thinking if it's the GAL asking for more time the judge is likely to grant it....


I am not sure about asking the judge not to consider the motions, on what basis is he requesting supervision? I think it would be pretty simple for you to argue that motion as they mentioned it in december but waited 3 months to file and he has allowed the children to continue on the same schedule with you- obviouslly he is not all that concerned about their health or well being when they are with you

 

[CJane]

Hi CJane- I'm thinking if it's the GAL asking for more time the judge is likely to grant it....


I am not sure about asking the judge not to consider the motions, on what basis is he requesting supervision? I think it would be pretty simple for you to argue that motion as they mentioned it in december but waited 3 months to file and he has allowed the children to continue on the same schedule with you- obviouslly he is not all that concerned about their health or well being when they are with you

I don't know that the GAL will request a continuance... I haven't heard from her at all, and she wasn't in the office today when my attorney was trying to call her.

They were very vague in the motion as far as why they felt supervision was necessary. However, in the ex's deposition, he said that he felt that I needed 'some accountability' while I have the kids since I 'fail to follow his directions' when I have them. Not sure what that means, except he loves to tell me what they're allowed to wear, watch on TV, eat for dinner, and which of my friends it's ok for them to be around. His thought process is that me being at my mom's house would eliminate all of those concerns. Basically, he's an idiot.

I guess I'm confused though... if it's so obvious to the vast majority of people that he's just blowing smoke with all of this, and more attepting to make my life hell than he is actually trying to make sure the kids are ok (because he CAN'T say they're not without lying)... is the judge going to see that?

 

[ceara19]

The time for asking for attorney fees to cover the modification costs would have been when the answer was originally given to the court or immediatly after the verdict or dismissal. (So remember to ask that YOU be reimbursed for legal fees regarding this mess!)

 

[Momto1yrold]

Then, there's the motion for attorney's fees, claiming that my request for modification of the language was frivolous. Wouldn't the time to mention that have been a year ago when all this started?

Finally, there's a motion for $3700 in medical bills. Nevermind that I haven't seen a medical bill in a year and a half. Not sure how I'm supposed to pay something I've never seen. He's also requesting I pay his insurance premuims for the past two years. Our order is written that I'm to provide insurance when it's available through my employer at a reasonable rate. Well, it only became available in Oct, and it's NOT reasonable. I had them on MC+ (state ins) after the divorce, and he chose to put them on his insurance at work. Add to that his copay is $10, and that's 180 office visits for the kids in the past year. I'm thinkin that DID NOT happen.


Is it possible to request that he not consider the ex's motions since they were filed so late in the game? (remember, the last continuance was requested by them so they could file the motion for supervision, and then they decided not to, stating in the ex's deposition that they'd decided it wasn't necessary).

Did any of the kids have surgery or any procedures?

About the motions hes asking for. I am going through a court trial still and my lawyer told me were waiting til the end to request our motions.

 

[Zephyr]

I don't know that the GAL will request a continuance... I haven't heard from her at all, and she wasn't in the office today when my attorney was trying to call her.

They were very vague in the motion as far as why they felt supervision was necessary. However, in the ex's deposition, he said that he felt that I needed 'some accountability' while I have the kids since I 'fail to follow his directions' when I have them. Not sure what that means, except he loves to tell me what they're allowed to wear, watch on TV, eat for dinner, and which of my friends it's ok for them to be around. His thought process is that me being at my mom's house would eliminate all of those concerns. Basically, he's an idiot.

I guess I'm confused though... if it's so obvious to the vast majority of people that he's just blowing smoke with all of this, and more attepting to make my life hell than he is actually trying to make sure the kids are ok (because he CAN'T say they're not without lying)... is the judge going to see that?[/QUOTE]


I don't know about that one....you would think so, he needs a better reason than she won't follow my rules, to get supervision.....but then again so much was obvious about my case and the judge ruled the way he did, and NO ONE can figuree out why....when it comes to humans- all bets are off

 

[mommyto 2]

I know it is a different state - but my ex did the same - added all these motions about my stability as a parant at the last minute. He file once, I responded, he did not like my responses so he filed all these (12) additional motions. The judge threw them all out. Stating that they needed to be on the original filing. Just some words of support.

 

[CJane]

Did any of the kids have surgery or any procedures?

No. The oldest had some specialist appointments with the ENT doc due to fluid in her ears. I paid for all the uncovered portions of those visits at the time of service and kept the bills... so, ex never paid any part of those. She also had a broken finger and had to see the orthopedist... that was a $20 copay that I paid at the time of service. She had a follow up with the pediatrician, which was another $10 that I paid. There was an emergency room visit from an injury when she was w/the ex... he never submitted me a bill. There was an urgent care visit when she was w/the ex. He never submitted me a bill.

There have been 2 dental visits for each kid... one a check up that's totally covered by insurance, and one for having their molars sealed. I've never seen a bill. There are various minor office visits which would have been a $10 copay each time. There was one perscription for antibiotics which he filled. There were 6 refills on a nasal spray. I paid for half of those.

I have no idea where the rest of this medical is coming from.

One should also note that he wants to claim his wife's lost income as daycare expenses when child support is calculated. She left a $35,000/year job so she could stay at home and be the child care provider for my kids (and hers that's on the way) and he wants to make sure he's compensated for that.

Still no word from the GAL.

 

[Zephyr]

No. The oldest had some specialist appointments with the ENT doc due to fluid in her ears. I paid for all the uncovered portions of those visits at the time of service and kept the bills... so, ex never paid any part of those. She also had a broken finger and had to see the orthopedist... that was a $20 copay that I paid at the time of service. She had a follow up with the pediatrician, which was another $10 that I paid. There was an emergency room visit from an injury when she was w/the ex... he never submitted me a bill. There was an urgent care visit when she was w/the ex. He never submitted me a bill.

There have been 2 dental visits for each kid... one a check up that's totally covered by insurance, and one for having their molars sealed. I've never seen a bill. There are various minor office visits which would have been a $10 copay each time. There was one perscription for antibiotics which he filled. There were 6 refills on a nasal spray. I paid for half of those.

I have no idea where the rest of this medical is coming from.

One should also note that he wants to claim his wife's lost income as daycare expenses when child support is calculated. She left a $35,000/year job so she could stay at home and be the child care provider for my kids (and hers that's on the way) and he wants to make sure he's compensated for that.

Still no word from the GAL.

UMMMMM**************.NO

 

[Ithildriel]

"She left a $35,000/year job so she could stay at home and be the child care provider for my kids(and hers that's on the way) and he wants to make sure he's compensated for that."

LOL what a dork your ex is. I think the judge should make him sit in the corner of the courtroom with a tall pointy hat on.

 

[ceara19]

She left a $35,000/year job so she could stay at home and be the child care provider for my kids (and hers that's on the way) and he wants to make sure he's compensated for that.

Send him an itemized bill for all the things you did for him while you were together and tell him to deduct the wife's "babysitting" fees from that.

I remember reading something a few years ago about the cost of replacing a wife (one that cooked, cleaned, took care of the kids, etc.) was something like $200K a YEAR!

I think they may have included the cost of a call girl once or twice a month too.

 

[CJane]

Send him an itemized bill for all the things you did for him while you were together and tell him to deduct the wife's "babysitting" fees from that.

Considering she watches them for less than 4 hours/week for me... it'd take a long time to work that off.

 

[Zephyr]

No. The oldest had some specialist appointments with the ENT doc due to fluid in her ears. I paid for all the uncovered portions of those visits at the time of service and kept the bills... so, ex never paid any part of those. She also had a broken finger and had to see the orthopedist... that was a $20 copay that I paid at the time of service. She had a follow up with the pediatrician, which was another $10 that I paid. There was an emergency room visit from an injury when she was w/the ex... he never submitted me a bill. There was an urgent care visit when she was w/the ex. He never submitted me a bill.

There have been 2 dental visits for each kid... one a check up that's totally covered by insurance, and one for having their molars sealed. I've never seen a bill. There are various minor office visits which would have been a $10 copay each time. There was one perscription for antibiotics which he filled. There were 6 refills on a nasal spray. I paid for half of those.

I have no idea where the rest of this medical is coming from.

One should also note that he wants to claim his wife's lost income as daycare expenses when child support is calculated. She left a $35,000/year job so she could stay at home and be the child care provider for my kids (and hers that's on the way) and he wants to make sure he's compensated for that.

Still no word from the GAL.

That was a choice she made- not you- and really she could still work

 

[MominMass]

There's the motion for supervision which in a nutshell requires me to visit with my kids at my mom's house - no overnights. Now, one must remember that my mom lives 2.5 hours away. So, I'd have to pick the kids up @ the ex's house, drive 2.5 hours to mom's house.. bring them BACK to ex's house Sat night, pick them up again on Sunday morning and drive back to mom's house, and then return Sunday night. 10 hours in the car every other weekend... and yet their 35 minute commute to school 3 mornings a week is too stressful?

Have you (your attorney) filed and answer to this bull**** or for your own desired visitation schedule?

Then, there's the motion for attorney's fees, claiming that my request for modification of the language was frivolous. Wouldn't the time to mention that have been a year ago when all this started?

Askin' 'aint gettin'. In my husband's case, the X had THREE attorneys. They asked for fees nearly every time he filed a motion claiming it was frivilous. They were never awarded attorney's fees.

 

[CJane]

Have you (your attorney) filed and answer to this bull**** or for your own desired visitation schedule?

Nope, not yet. They just filed the motions yesterday. However, we haven't filed a motion for a new parenting plan because I have no desire to change the schedule.

The reader's digest version of all of this is that I filed to modify the language and clarify some inconsistencies in the document, and he responded with all this crap.