My husband has 2 children from his 1st marriage in Alamance County. We are in Rowan.
According to our NC Amended Order from July 2008, “That after P pays the first $250 each year of uninsured medical expenses, the parties shall each pay 1/2 of all uninsured medical/dental expenses. P shall furnish copy of all bills to D on a monthly basis. D shall pay his portion withing 15 days of receipt.”
Since the divorce in March 2006, we have never received any invoices for medical/dental. When we were sued to have the jurisdiction moved to NC from NJ in 2007 b/c the kids moved here, our attorney even stated in the Answer to Counterclaim “The plaintiff has not provided documentation of any uninsured health costs or requested reimbursement for health insurance that she alleges that the defendant owes. The defendant is not aware of any monies that he owes to the plaintiff for these expenses.” That was August 2007.
Son A is going to therapy weekly at a supposed $45 co-pay each week since the beginning of June 2011.
Another weird thing: The therapist is in the X’s network, but no claims have been submitted to the insurance company for the therapy or any other treatment for anything since May 2011. We checked on the carrier’s website. Nothing has been updated as of today. What’s that all about?
We text her June 1st, 2011 at 16:01 requesting invoices. On June 27th, we sent a letter CM/RRR and Regular Mail (which she received) requesting invoices for Son A and B for June 2011, and stating since she’d never done so, we suggested scan/email and USPS options to send the invoices as painlessly as possible. We asked she please respond in 15 days.
On 07/15, it will be 15 business days since we asked for them. She has not responded and I don’t anticipate she will.
Here’s why I’m nervous. Technically, we are up for re-calculation this month/year (Everything finalized in NC July 2008). She has to prove 15% increase in the boys’ needs.
She claims though she has not gotten a raise in 4 years.
She also lived with her parents for the 4 years she got alimony/child support at NJ rates and then NC CS from 2006 to late-2010. She sold 2 ovum for $16,000 in 2007 and 1 for approximately $8,000 in 2008.
She told my husband’s mother she is going to buy her house, which has a list value of : $142,000. She’s been renting since Oct. 2010.
Keep in mind, Son A is 12, Son B is 7. Both have laptops (just for games) and desktop computers, multiple gaming systems, play after-school sports, the clarinet, and go with their mother on vacation at least 1x a year for at least 2 weeks out-of-state.
Can she also sue us for the unpaid invoices to justify the 15% if we never got them and asked repeatedly and in writing? Can she also come back and say, 'They never paid for such-and-such invoice for Son A’s treatment in February or Son’s B’s treatment in April…"
Also, after 15 days, what if she doesn’t respond? Can we write another letter stating since she did not provide invoices, we are not liable for any expenses for June 2011? Is that legal? How much recourse do we have if she is not cooperating?
AND, can she include buying the house as part of the 15%, or the sports, or the clarinet ?
Any help is appreciated - The last time we went to court in 2007-2008, it cost us a year, $30,000+ for cruddy defense and almost ruined my marriage. I’d like to avoid any surprises.