Death of Minor Child

[Ohiogal]

I don't see anythere here that addresses this (including information under "uninsured medical expenses").

http://www.state.tn.us/sos/rules/1240/1240-02/1240-02-04.pdf

Parents are legally responsible for their children:
“Legally Responsible for a Child” — For purposes of this chapter, a person is “legally responsible for
a child” or legally obligated for a child or children when the child is or has been:
(a) Born of the parent’s body;
(b) Born of the parents’ marriage if the child is born during the marriage or within three hundred
(300) days after termination of the marriage by death, annulment, declaration of invalidity, or
divorce;
(c) Legally adopted by the parent;
(d) Voluntarily acknowledged by the parent as the parent’s child pursuant to Tennessee Code
Annotated § 24-7-113 or pursuant to the voluntary acknowledgement procedure of any other
state or territory that comports with Title IV-D of the Social Security Act; or
(e) Determined to be the child of the parent by any tribunal of this State, any other state or territory,
or a foreign country pursuant to a reciprocal agreement or treaty.


ALSO CONSIDER THIS SECTION:
Special Expenses.
(i) Special expenses incurred for child rearing which can be quantified may be added
to the child support obligation as a deviation from the PCSO. Such expenses
include, but are not limited to, summer camp, music or art lessons, travel, schoolsponsored
extra-curricular activities, such as band, clubs, and athletics, and other
activities intended to enhance the athletic, social or cultural development of a
child, but that are not otherwise required to be used in calculating the child support
order as are health insurance premiums and work-related childcare costs.
(ii) A portion of the basic child support obligation is intended to cover average
amounts of these special expenses incurred in the rearing of a child. When this
category of expenses exceeds seven percent (7%) of the monthly BCSO, then the
tribunal shall consider additional amounts of support as a deviation to cover the
full amount of these special expenses.

A funeral is a special expense. If I have to I could cobble together a STRONG argument from the statutes, common law and what not. Any lawyer could that was worth half a cent. FIGHT HIM ON THIS. He should have to pay half the funeral expenses provided you didn't order five limos and what not -- he should at least have to pay half the casket and internment.

 

[Bloopy]

Would he owe half the value of the burial plot?

 

[LdiJ]

Would he owe half the value of the burial plot?

No, because it was a gift from the child's grandparent.

 

[Kimmyf1965]

Ohiogal - - Thank you so much for all of the information. I have an attorney that is giving me a heck of deal that I contacted yesterday. She said "I think it would be worth your while to sue him for the funeral expenses".

I really hate doing it but I was so hurt by the way he treated me at the funeral home, funeral, cemetery, & at PetSmart the other night. (LOL). I ran into them (him & his wife) at PetSmart. I turned my cart around to avoid them but as soon as they got behind me they started making derogatory remarks. I lost my cool and made a few comments of my own. I got in the car later and said to my husband, "Kory wouldn't be proud of me for that". He said, "You tried to walk away and they started on you. Kory would be very proud that you stood up to them."

 

[Ohiogal]

Ohiogal - - Thank you so much for all of the information. I have an attorney that is giving me a heck of deal that I contacted yesterday. She said "I think it would be worth your while to sue him for the funeral expenses".

I really hate doing it but I was so hurt by the way he treated me at the funeral home, funeral, cemetery, & at PetSmart the other night. (LOL). I ran into them (him & his wife) at PetSmart. I turned my cart around to avoid them but as soon as they got behind me they started making derogatory remarks. I lost my cool and made a few comments of my own. I got in the car later and said to my husband, "Kory wouldn't be proud of me for that". He said, "You tried to walk away and they started on you. Kory would be very proud that you stood up to them."

Kick his ass in the courtroom.

 

[tuffbrk]

I really hate doing it but I was so hurt by the way he treated me at the funeral home, funeral, cemetery, & at PetSmart the other night. (LOL). I ran into them (him & his wife) at PetSmart. I turned my cart around to avoid them but as soon as they got behind me they started making derogatory remarks. I lost my cool and made a few comments of my own. I got in the car later and said to my husband, "Kory wouldn't be proud of me for that". He said, "You tried to walk away and they started on you. Kory would be very proud that you stood up to them."

I cannot begin to imagine how you are feeling and am so very sorry for your loss. That he would treat you with anything less than consideration and respect after the loss you both suffered says all that needs to be said about this "man" - using the term loosely.

Do not hate doing it, do not give it a second a thought. Kick butt in court simply because he was once granted the honor of being called Dad. He should have moved Heaven and Earth to ensure needed medical care was obtained and financed. Assisting in providing a proper burial is the very least thing that we can do for our children. For him to do any less, is disrespectful to the child that once called him Dad. So don't hate the thought of going to court; Think of it as your last fight for Kory...

 

[Kimmyf1965]

I spoke to my attorney on Friday.

Number 1 - - She was shocked that he was allowed to file a motion to slow pay me back for a medical bill that I paid in full. He is now in contempt, since I have not received his monthly payment since Kory passed away. My X has claimed that he has this judge in his "back pocket" and I have hand written letter from him stating this. The bad thing was that I offered for him to pay me by the month before he told me to sue him. So, I lost out on attorney fees because the judge ordered us to pay our own cost.

Number 2 - - Apparently, Tennessee has new laws regarding child support. She said under the new laws 1/2 of the funeral expenses are to be covered by both parents if a minor child dies before the age of 18 or longer if child support is reguired for a illness after the age of 18. Therefore, she feels very strongly that my case is justified to receive 1/2 of these expenses back.

Number 3 - - She stated that he should have filed a motion with the court to stop paying child support upon Kory's death. She did say that since he failed to do this that would look bad but she didn't think I would be able to recoop any back support. I didn't even know about so I wasn't planning on that anyway.

She is in the process of obtaining all of my documentation from the courts before we pursue this matter. She is going to try to keep this out of this paticular judges court because of things that I have in writing from my X as well as comments he has made to others.

If I feel duped again in a court room by a judge again I'm going to the local news channels. I had another medical bill for Kory that wasn't enough for me to obtain an attorney so I sued him in small claims and lost (to the same judge). So, he got off on another medical bill by 500.00.

I'll keep you all informed.