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06-26-2008, 07:44 PM
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Junior Member
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Join Date: Jun 2008
3 posts, read 2,092 times
Reputation: 10
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Thank you for your replies. As for asking lawyers, believe me I have as this has been ongoing for many years. Existing court order is approximately 12 years old. Lived in WY for many years, however, relocated approximately almost eight years ago to financially advance with another job opportunity. Have two kids with this ex and two kids from a former marriage. Raise four kids alone.
This gentleman (and I use that term loosely!) is a governmental worker in WY. Was ordered to pay a nominal amount of child support then, being the kids were very young. He fell into arrears quickly and subsequently was hit with a withholding order in the early 1990's. Was also ordered to provide medical insurance, of which he may have put the kids on the policy, however, did not ever provide the provisions necessary for the kids to utilize the insurance and did not provide these provisions (policy provisions, insurance cards etc) to the court. When I moved with the kids, they were all uninsured and I paid for all costs on medical out of pocket. I have billed him in writing many times for these costs and requested insurance cards and policy provisions on many occasions. Since 2003, I have obtained medical insurance which costs me approximately $1000.00 per month.
Furthermore, his contact with the kids has been nil, as he has not had any physical contact with them for years, and only sporadically telephones them to have a short trite conversation such as "how are you...how are you doing..goodbye." They are now almost 14 years old.
I now am utilizing a private attorney in the state we live (as we have not lived in WY for many years) in to seek reimbursement of these costs and modify this court order interstate. I may have to also hire an attorney in WY as WY has the exclusive jurisdiction on this matter, yet, no actions have been filed by the noncustodial parent ever, so it was hopeful that the jurisdiction could be challenged. However, the disgruntled deadbeat hired an interstate attorney to challenge this change in venue
. I have always had a relatively good relationship with the child support enforcement office in WY, however, I am very bothered to learn that if I utilize them, and not a private attorney, that they can seek a contempt order on the fact that the insurance cards have never been produced, thus inhibiting the kids from being able to use his court ordered insurance, however, they cannot get a judgment for the $30K or so in back documented medical costs that I have spent over the years for their care while the noncustodial parent failed to provide. Enforcement office tells me that they can only do that if I were collecting or had collected state assistance....which would be reimbursed to the state, not the custodial parent, as the state would have then paid for the kids' care.
This sounds ludicrous! So, if you go on assistance, they will beat it out of the deadbeat, but if not, you must fork out thousands (to retain an interstate attorney) to get what the kids are entitled to have and you must take away from the kids to retain this exorbitantly costly attorney? Did I get this picture right? Not sure I understand this, as the WY statutes indicate that this can be prosecuted. See statute below.
ARTICLE 4 - MEDICAL SUPPORT FOR CHILDREN
20-2-401.� Medical support to be included as part of child support order.
(a)� In any action to establish or modify a child support obligation, the court shall order either or both of the parents to provide medical support, which may include dental, optical or other health care needs for their dependent children.� The court shall:
(i)� Require in the support order:
(A)� That one (1) or both parents shall provide insurance coverage for the children if insurance can be obtained through an employer or other group carrier, or if it is otherwise reasonably available; and
(B)� That one (1) or both parents be liable to pay any medical expenses not covered by insurance and any deductible amount on the required insurance coverage; or
(ii)� Specify in the court order the proportion for which each parent will be liable for any medical expenses, which may include dental, optical or other health care expenses incurred by any person or agency on behalf of a child if the expenses are not covered by insurance.
(b)� When the insurance coverage is ordered pursuant to subsection (a) of this section, the court shall order the obligated parent to submit to the court and to the other parent, or to the other parent's representative, written proof that the insurance has been obtained or that application for insurability has been made within sixty (60) days after the entry of the order requiring insurance coverage.� Proof of insurance coverage shall contain, at a minimum:
(i)� The name of the insurer;
(ii)� The policy number;
(iii)� The address to which all claims should be mailed;
(iv)� A description of any restrictions on usage, such as preapproval for hospital admission, and the manner in which to obtain preapproval;
(v)� A description of all deductibles; and
(vi)� Two (2) copies of claim forms.
(c)� The court shall order the obligated parent to notify the court and the other parent if insurance coverage for any child is denied, revoked, or altered in any way that would affect the other parent including any change relating to information required in subsection (b) of this section.
(d)� The court may hold an obligated parent in contempt for refusing to provide the ordered insurance, or for failing or refusing to provide the information required in subsections (b) and (c) of this section.
(e)� In addition to enforcement by contempt, as provided for in subsection (d) of this section, the obligated parent is liable to the other parent, any person or agency for:
(i)� Part or all of the cost of medical care and medical insurance premiums paid or provided to a child for any period in which the obligated parent failed to provide required coverage;
(ii)� Any direct insurance benefits received by the obligated parent and not used for the medical care of the child; and
(iii)� Any reasonable attorney fees and costs incurred in collection that the court may determine appropriate.
I have no beef with anyone who is on assistance who is entitled to it. However, why does the state of WY choose promote this type of dependency which is regressive and backward? Should not enforcement, enforce an order, regardless of what your status is?...for the sake of the kids?
And we wonder why the economy is in trouble?
I am not knocking WY. I love WY. ( Despite the fact, I certainly did not have any help from the governmental deadbeat!)
But I have seen other posts on this forum from various individuals indicating that WY it is a tough place to have orders enforced and am wondering why.
I am not crazy enough to believe this has only happened to me, as chances are , this has happened to many.
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06-28-2008, 03:37 PM
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Member
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Join Date: Jun 2008
Location: Bayard, NE
17 posts, read 12,744 times
Reputation: 10
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Well, it has to do a lot with religious roots and politics......read the REST of the Wyoming threads and you'll get it!
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07-01-2008, 09:38 PM
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Senior Member
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Join Date: May 2007
234 posts, read 172,764 times
Reputation: 142
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Quote:
Originally Posted by ken_&_nikki
Well, it has to do a lot with religious roots and politics......read the REST of the Wyoming threads and you'll get it!
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wow, ken_&_nikki. Surprising comment coming from the conservative, religious right NE panhandle. Ultraconservative Bayard, no less. . . .
Or maybe I didn't get your humor? 
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07-02-2008, 01:32 AM
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Member
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Join Date: Feb 2008
35 posts, read 39,578 times
Reputation: 19
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Ok, first of all when you gave him "written" notice of the medical bills, did you send him a copy of the bill or an explanation of benefits? In what time frame did you do this in? Each state has a statute of limitations on this kind of thing. I'm not sure what it is in Wyoming as my husbands order is in Utah, but in Utah it is 90 days - if you don't get a bill or explanation of benefits to the non-custodial parent within 90 days the parent is no longer responsible to pay for 50% of the bill (or whatever portion they are ordered to pay).
It doesn't sound like you are going through any state agencies to collect your child support. And since you two live in different states it will make things even more difficult. IF he is working for the government, you need to either give the case to your state agency for child support enforcement, or go back to court to get an order for garnishment.
Also, if you have to take it to court for the medical expenses and child support, if you read the statute that you posted, it says that you can also try and collect for attorney fees and costs incurred by trying to collect.
I'm curious, how long has he not been paying? Usually, if a non custodial parent doesn't pay for 6-8+ months you should start considering taking it to court for a garnishment and contempt then. You really shouldn't wait years...
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07-04-2008, 09:50 PM
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Senior Member
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Join Date: Jan 2008
230 posts, read 262,976 times
Reputation: 39
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I would say the root is the fact that Wyoming isn't a state that is going to bend over backwards to do what others can do for themselves, settling monetary squabbles being one of them.
On the contrary, I'm sure if you showed up at the guy's door with a loaded .45 and successfully collected back child support, you'd probably be on better legal footing than in other states.
Which is why I like it here. We're still pretty untouched by the politicians that want to delve into your personal matters, whether they're for or against your benefit.
I think we'd all be better off if we paid attention to who we jumped in the sack with instead of letting the gubbermint do it for us after the fact.
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07-11-2008, 12:24 AM
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Senior Member
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Join Date: Jul 2008
219 posts, read 227,374 times
Reputation: 29
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People live in motels or camp grounds? Is that state that bad off? Don't take it the wrong way please.
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07-11-2008, 07:54 AM
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Senior Member
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Join Date: Jan 2008
230 posts, read 262,976 times
Reputation: 39
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Quote:
Originally Posted by DRvortec
People live in motels or camp grounds? Is that state that bad off? Don't take it the wrong way please.
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The state is doing well. However, there are many transient workers for gas companies that move from place to place frequently and live in hotels, for the most part.
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07-11-2008, 10:39 AM
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rotaredoM
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Join Date: Jan 2006
Location: Where Five Miles joins the Tongue, Wy
6,305 posts, read 4,478,428 times
Reputation: 2190
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Quote:
Originally Posted by DRvortec
People live in motels or camp grounds? Is that state that bad off? Don't take it the wrong way please.
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To put it in perspective. Sheridan is 15804 people. When Sheridan started into the Coal Bed Methane Boom it grew by about 1500 workers and some have families. Believe me, we don't have that much empty housing available. They're making $25+ an hour. In some cases, the company is footing the living expenses or at least some of the living expenses.
Some of these folks will be here for less then a year. Hence, they won't sign a 1 year lease. Some will be here for 2 years and they really don't want to rent or buy.
So they come into town and find motels that rent by the month or week. Some bring their RV's and live in them.
But a town would be a fool to build to suit all of them because in a few short years, they're gone. Then what do we do with the empty houses?
It's actually getting better here now. A year ago, or even 6 months ago, there were no apartments and no houses available for rent. Now, for the last couple weeks, I've noticed from 3-5 places for rent. So it tells me that the boom is leveling off. Or, some of the ones that have advanced quickly in the company and expect to be here a while, have purchased or built homes freeing up some motel spaces.
A couple of the older motels that we're struggling for business because Monthly economy apartments when the boom started. Not sure what they're going to do when they boom falls.
I suspect that due to the Transient nature of people, that it would be very easy for them to hide from things like spousal support or child support.
Spousal support, I completely disagree with. To give an example. My friend and his wife divorced. He was US Navy for his entire working life and was forced out due to disabilities. She was a college grad and a certified CPA. She then went back and got her Business degree. When they got to court, He petitioned for spousal support and was laughed at by the judge. She was awarded spousal support. He is disabled drawing a fixed income of $1200 a month. She's a high power exec making about $6000 a month. But he has to pay her.
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07-11-2008, 10:42 AM
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Senior Member
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Join Date: Jul 2008
219 posts, read 227,374 times
Reputation: 29
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$25hr is a lot there? What is the average pay?
They could sell the houses after, or put up temp housing. A thought.
Agree. I have seen many hotels rent weekly and monthly now to stay alive.
Thanks for feedback.
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07-11-2008, 10:46 AM
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rotaredoM
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Join Date: Jan 2006
Location: Where Five Miles joins the Tongue, Wy
6,305 posts, read 4,478,428 times
Reputation: 2190
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Quote:
Originally Posted by DRvortec
$25hr is a lot there? What is the average pay?
They could sell the houses after, or put up temp housing. A thought.
Agree. I have seen many hotels rent weekly and monthly now to stay alive.
Thanks for feedback.
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Two things. Sell the houses after? To who? That would drive housing down in price to rediculous prices. Temp housing? No, we want good quality neighborhoods and housing built. So the city limits the growth to a realistic level in most cases.
We currently really don't have a bad section of town. We have an older section of town that the people haven't kept up the houses like they should. But Temp housing would do nothing but create a ghetto when they pulled out and the houses sold dirt cheap.
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