Child support demand letter


#1

Ok-update. I just called the CS agent. She told me my ex came in to social services to apply for medicaid. That automatically triggered Child Support services to get involved regarding medical insurance on the kids. I cover my kids per our incorporated sep agreement. Anyhow, they want to become an intervening party in this and want me to sign a paper stating as such and to send them my divorce decree with sep agreement. I have told them I will consult with my attorney before doing any of this and will chat with him on tuesday.

If they become an intervening party, what exactly does that mean? The lady told me that my ex did NOT want to pursue child support through them since I pay as I should etc so they will not be pursuing that. Obviously the letter went out before she told them that.

I am just afraid of signing something that will allow them to “intervene” beyond what we have in the agreement.

Based on what the lady said, it’s just a more formal way to confirm the kids are covered with insurance. But I want to be safe on this…

ANy and all advice is appreciated!


#2

It sounds like you have been doing your part in paying support and that is great. However, I believe she has a right to re-evaluate the support after 3 years. I don’t know why she’s requesting court ordered payments if you’ve been paying faithfully thusfar.

Personally, I would seek advice from a lawyer—just in case.

edit: we must have sent our posts at the same time (lol). Yes, seek advice for the intervening party situation. Maybe Helena can shed light.


#3

yes, I have called an attorney in that county and spoken with the secretary. They sound good. He will be in touch Tuesday.

to be clear: Basically I am being told that they want a copy of the divorce decree with sep agreement (it was incorporated thank God!) and they will want me to consent for them to become an intervening party to enforce the current action re: the insurance. My ex has declined to have them pursue a change in support etc. I guess she can always change her mind, but I doubt if it would be >15% increase.

So I am less stressed than I was last night and am feeling better.

If Helana can expand on all of this, that would be great. I will NOT sign anything until I speak with my attoreny though, I made that clear to the child support lady.


#4

We had a similar situation come up with my stepsons. The agreement is that my husband covers them on private insurance and they split all non covered medical. His ex applied for Medicaid for the children. She told him that this way Medicaid would pay if they had to be taken to the doctor and she would get out of paying 1/2 the copays. She did not tell DSS that they have joint custody so when the case worker called all she asked was, does she (mother) keep the children. Since she does have the children 1/2 the time, he answered yet. So for 2 years the children were having Medicaid pay for all their medical, unless my husband took them to the doctor or got medication. There were several arguements about this because my husband would not let them file Medicaid if he took them.
It is up to the applicant to inform DSS that another insurance company is involved. To not disclose this information is fraud. Medicaid can only be carried as a secondary insurance if a private insurance company covers them. It is also the responsibility for the applicant to give DSS a copy of the insurance card.
They may be intervening to verify that she has given them all the correct information. Since you have a working agreement, there’s no reason that DSS should intervene other than to verify the information on her application. Talk to your attorney.


#5

Yes, I agree there is no reason to intervene. To me, once they get that “intervening” order in place, there is no stopping them in the future from revisiting the whole order etc. I have every intention of keeping to the incorporated agreement regarding the CS and the insurance. I just don’t think i need to be treated like a child when I am doing ALL I have agreed to do since day 1, and that’s three years ago.

With that said, if they decide to up the CS eventually and it’s unreasonable, I WILL go for full custody. Why? because I will be forced to go for custody. Up to this point I haven’t because I seriously doubt I could win BUT if forced into a corner I have no choice but to fight.

The mother neglects and abuses my kids, not severely, but more than I am comfortable with. I have photos and doctor’s reports. I have gone to CPS with this but they turned down the investigation because there wasn’t anything “too serious”. Geez, scratches on arm and a filthy stinking home isn’t too serious? Teachers seeing my ex slap my kids all around town not too serious? Anyhow, recently, my youngest came to me with a scratch on his face. he said it was intentional and not an accident, the oldest, after hesitating, said it was an “accident”. I never wanted to confront her on this because it would just inflame everything. I figured better let things be as long as things aren’t too serious. I ALMOST went to the cops that night but didn’t want to traumatize the kids. Now, with her maybe getting more money out of me for neglecting my kids, that’s just the last straw. Why is neglect and abuse rewarded? I am the BETTER parent. I have the education, income, ambition. I do things with the kids. Not that cost money, but are free. Like hike. Hit the ball. Go to the nearest zoo. I cook them home meals! Yes! Am straight man cooking home meals! She throws them a can of chf-boy-ardee. ALOT. She never does these things. Why not? Not because she is too busy. The kids say she rarely works. That’s why she wants medicaid for her lazy butt.

Did i mention i have a restraining order AGAINST her? that she had to take anger management classes and a mental health assesment?

I would really like to get my children 50% of the time or more BUT we live so far apart. If I moved down there, I’d take a serious pay cut and couldn’t make the child support I pay now. Can I make her move up here? She rarely works like i said but does have family down there. Just seems it would be in the best interest of the kids for them to see their daddy alot more and to keep the same income coming into both households…

sorry to ramble, but this whole thing irks me…and I am angry and WILL not just sit by and get f&&ked…


#6

Can any of the attorneys chime in on this? CSE wants an answer by tomorrow…I do expect a call back from an attorney in her area today. But I wanted to get the “expert” opinion from Rosen as well…

thanks…


#7

I think Child Support Enforcement wants to intervene in your action. This means that when your divorce was entered and your separation agreement was incorporated your separation agreement became an order of the court. In order for Child Support Enforcement to make changes to child support they need to become a party to that action (meaning the one where your SA was incorporated) the process of becoming a party is called intervention. The court can order this be done or you can consent. Generally if you don’t consent the intervention will be allowed anyway.

P.S. Please feel free to bring up this or any other topic on our live call-in show every Wednesday at 11:00 a.m. EST. Visit radio.rosen.com for details

Helena M. Nevicosi
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax

Charlotte Office
301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 9343.0044

Sutton Station
5826 Fayetteville Rd. Suite 205
Durham, NC 27713
Phone: (919) 321-0780

ROSEN.COM

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.


#8

thanks Helena.

It’s like what’s the point of consenting I suppose…
I have an attorney looking over the document. They just want to become a party in regards to the health insurance I have on the children. That’s at least what they say and supposedly the docs say.


#9

They may want to get an order in place requiring you to carry the health insurance, this will ensure your ex is not able to take advantage of medicaid.

P.S. Please feel free to bring up this or any other topic on our live call-in show every Wednesday at 11:00 a.m. EST. Visit radio.rosen.com for details

Helena M. Nevicosi
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax

Charlotte Office
301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 9343.0044

Sutton Station
5826 Fayetteville Rd. Suite 205
Durham, NC 27713
Phone: (919) 321-0780

ROSEN.COM

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.


#10

I just got a letter in the mail from brunswick co child support services stating they want me to call them to discuss them pursuing court-ordered child support for my children since my ex-wife has requested their services.

I have religiously paid child support via personal check for the past 3 years, since our separation, and in a substantial sum. I have always paid on time and she cashes the checks monthly. I also pay the children s health insurance as required in our separation agreement. The separation agreement also outlines the amount of support that I have been paying. This agreement has been incorporated into our divorce decree in brunswick county.

What can I expect in this discussion? Do I need to seek an attorney before speaking with them? I don’t want to be put over the coals. She is a lazy leech who barely works and the money I send her goes not to really support my children, but to by crap at wal-mart for herself etc. She has zero ambition and am sorry I let her get the kids at all. My kids tell me that all the time.

Anyhow, any advice is appreciated.

thanks…