ED ?'s


#1

I am going in for CS next week. My ex wants to review or increase child support. Its been less than 3 yrs and I have not had a 15% wage increase at my job. She also wants me to reimburse her for medical. The deal (in an email) we made was that I would pay the day care expenses when I had our son for the summer. I actually paid more in day care than she is owed in medical expenses. she gets the day care credit not me and is ordered to pay day care. I told my CS agent about this and she told that to my ex, but she didnt care she wanted to take her chance to get that medical money too. I feel I am being taken advantage of, clearly she is being greedy at this point. I have all my receipts and even supplied them to my ex at one point. What if anything can be done? I feel I am constantly being harrassed for money from her. We go into CS court at least twice a year and this really needs to stop. I am missing work and its eating into my vac time that I could use when I have my son rather than going to court all the time.
Can this be considered a frivolous suit since I emailed her receipts from day care and she is aware I should actually be due a credit? Can I sue her from missed time from work? Do I need to conter motion to get credited for payments? Since I am paying day care when I have my son can I ask that I get day care credit too? Because she gives me a hard time about day care and demands where I put my son etc. and is really hard to deal with.
I also got a letter from CS ordering that I put my son on my insurance within 10 days. I did. But he is also covered by his mom. Can I bring that letter to CS court and get health care credit too? My healthcare is better coverage, more economical (less per month, lower co-pays and lower on prescription drugs) Would we both get credit or would they allow us a primary / secondary insurance? Would the judge decide who would cover my son? What about the mean time that I had to cover him per the letter I recieved would I be reimbursed or credited for that? Depending on what the judge decides I may keep him under my coverage becuase my ex never sends the med ins card .She is court ordered to provide it to me but she thinks the law doesnt apply to her. I will be bringing this up for contempt in family court I am not sure how the judge will react to that.

I know its a lot of questions but I just want to make sure I get all this done at once to hopefully stop this harrassment once and for all.


#2

Child support can be modified after 3 years, and when the support figure changes by 15%, not your income. As for the medical expenses, unless you were previously ordered to pay a share of those expenses, the judge will not order you to reimburse her for expenses she has already incurred.
You may wish to file a motion pursuant to rule 11 of the NC rules of civil procedure regarding her frivolous motions. The court may, it is discretion, order sanctions.
You may request that the judge order you to provide insurance on your own so that you get the credit. I cannot say what the judge will do, as I have seen them allow for both parents to provide coverage.


#3

Our order states that we split uninsured medical costs. But as I said I offered to pay day care to get credited towards the medical owed. It really was silly for her to pay day care and have me reimburse for medical. I thought it would be easier if I paid day cChild support can be modified after 3 years, and when the support figure changes by 15%, not your income. As for the medical expenses, unless you were previously ordered to pay a share of those expenses, the judge will not order you to reimburse her for expenses she has already incurred.
How can I file a motion pursuant to rule 11 of the NC rules of civil procedure regarding her frivolous motions. Is there a formate on your site or do I need to go down town to CS to file it?
Thanks for all your help!


#4

There is no form per se for a rule 11 motion, and the best advice I can give you is to hire an attorney to help you with this issue.


#5

I typed up the paperwork for the rule 11; I went to file it with the clerk of court. she told me since there was already a court date for the child support motion to be heard i didn’t need to file my paperwork that i just needed to bring in all my documents the day of court. I don’t think that sounds right. Am I able to file the rule 11 or what is it I need to do? This is not a modification of support its a motion for failure to comply with an order so I am not sure why they wouldn’t file my paperwork.


#6

You may file a motion at any time an action is pending.


#7

Can you clarify what you mean by pending? Ex filed a motion against me, court date is scheduled. I don’t agree with motion and feel it was based on harrassment so I plan to file rule 11. Thanks for your help!


#8

The action is pending when there are ongoing issues, I do not know why the clerk did not allow you to file your motion as there is nothing preventing you from doing so.