Coercive Litigation Over Child Support

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Quoting SESmama

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If you pay child support you are eligible.



http://www.okdhs.org

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Sorry for the confusion. Yes, we are eligible to have our case reviewed. However, because the time since our order was put in place is less than 1 year and the amount of change is less than 20%, DHS should deny to take our case. They have way too many legitimate cases to take than this one.

At least that what I believe. I think that he actually tried to contact DHS (he was using them as his threat last month if I don't accept his demands.) he suddenly stopped using DHS to intimidate us and started using lawyers and specifically our judges name as his threat. I'm hopeful that it's only threats he's making and will drop it before trying to sue again.

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Quoting Nell

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Sorry for the confusion. Yes, we are eligible to have our case reviewed. However, because the time since our order was put in place is less than 1 year and the amount of change is less than 20%, DHS should deny to take our case. They have way too many legitimate cases to take than this one.

At least that what I believe. I think that he actually tried to contact DHS (he was using them as his threat last month if I don't accept his demands.) he suddenly stopped using DHS to intimidate us and started using lawyers and specifically our judges name as his threat. I'm hopeful that it's only threats he's making and will drop it before trying to sue again.

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Hopefully if he speaks to an attorney he will be informed that he really doesn't have anywhere to go with this at this time.

In the meantime, keep copies of all correspondence, his emails or texts and your replies, including and especially the documents where he's using this judge as a threat against you and keep your replies civil.

Ignore his threats and if he wants to take you back to court request that he be required to pay your attorney's fees.

Judges tend to get annoyed when a party runs back to court within a few months of reaching a settlement unless something drastic has happened such as a job loss.

You also mentioned healthcare expenses. Was reimbursement for uncovered medical expenses written into the order, and if so, have you been mailing him copies of the bills with a request that he pay his half? If so, keep all of those letters as well and send your demands return receipt requested.

Finally, it might behoove you to start working with the dept. of child support services.

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Quoting EA1070a

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In the meantime, keep copies of all correspondence, his emails or texts and your replies, including and especially the documents where he's using this judge as a threat against you and keep your replies civil.

Ignore his threats and if he wants to take you back to court request that he be required to pay your attorney's fees.

Judges tend to get annoyed when a party runs back to court within a few months of reaching a settlement unless something drastic has happened such as a job loss.

You also mentioned healthcare expenses. Was reimbursement for uncovered medical expenses written into the order, and if so, have you been mailing him copies of the bills with a request that he pay his half? If so, keep all of those letters as well and send your demands return receipt requested.

Finally, it might behoove you to start working with the dept. of child support services.

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I keep everything. I have wondered what the judge would say about her name being used in their threats? Like she's on their side and we better watch out.

On medical reimbursement, it goes along same line. I pay 55, he pays 45. That's another reason he wants a modification. According to his calcs, it would change to me paying 70%. I do have one question along this line. He refuses to send me EOBs when he takes my eldest child to the doc. He sends a receipt that is generic in nature without any detail other than his initial payment. Again, he says I either pay or we're going to court. I have responded this time that unless he sends an EOB, I'm no reimbursing him for medical expenses over $35, which is his copay amount. Am I correct that I should be able to request the insurance EOB to confirm the real expense?

Thank you again everyone!

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Quoting Nell

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I keep everything. I have wondered what the judge would say about her name being used in their threats? Like she's on their side and we better watch out.

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That is just him being a jerk. There would be no way to bring it to the judge's attention without making you look weird to the judge for taking it seriously.

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On medical reimbursement, it goes along same line. I pay 55, he pays 45. That's another reason he wants a modification. According to his calcs, it would change to me paying 70%. I do have one question along this line. He refuses to send me EOBs when he takes my eldest child to the doc. He sends a receipt that is generic in nature without any detail other than his initial payment. Again, he says I either pay or we're going to court. I have responded this time that unless he sends an EOB, I'm no reimbursing him for medical expenses over $35, which is his copay amount. Am I correct that I should be able to request the insurance EOB to confirm the real expense?

Thank you again everyone!

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Its perfectly reasonable for you to expect to see the EOB.

It looks to me like dad has discovered that its a lot more expensive to raise a teenager than he realized. Therefore he is trying to get every penny out of you that he can.

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Quoting Nell

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Yes, the CS was generally within the guidelines. The only deviation was that I accepted not receiving credit for my portion of the insurance plan that I pay for through my company plan.

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Hold it. You stipulated to not having a deviation, but now you want the deviation? Am I reading that correctly?

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Quoting SESmama

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Why don't you use the state CS department to do some of the battle for you?

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CSE doesn't represent the interests of either parent, nor are they interested in doing so. If nothing else, they represent their own interests and that of the children.

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Quoting CourtClerk

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CSE doesn't represent the interests of either parent, nor are they interested in doing so. If nothing else, they represent their own interests and that of the children.

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Right but they also won't kowtow to Dad's rantings and threats. That's half the battle IMO

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Quoting CourtClerk

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Hold it. You stipulated to not having a deviation, but now you want the deviation? Am I reading that correctly?

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CSE doesn't represent the interests of either parent, nor are they interested in doing so. If nothing else, they represent their own interests and that of the children.

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Not exactly. At least, the way I see it. I agreed to a deviation (that benefitted him financially) in order to avoid trial. Now that he is threatening to file suit if I don't agree to his modification demands, I'm requesting that the deviation be corrected and the statute be followed that allows me to include the insurance I provide for my kids in the modified order. Again, I'm not requesting a modification. He is. However, if I get my way and include my insurance costs, then the change is less than 20% from the current order and therefore not qualified for a modification.

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I thought some of you might find it ironically amusing (aka not amusing at all, but happens to way too many of us) that we were informed of child support modification papers coming tomorrow (remember, he's asking for more support) and in a separate message informed us that he would be gone for a week on a Hawaiian vacation, starting the next day. Isn't life grand?