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Financial Issues This forum is for discussing any of the financial issues involved in your divorce.

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Old 01-25-2017, 10:38 AM
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Hi there, so I had my uncontested hearing, given full custody, retro and on going child support, to be enforced through a support deduction order. This was two weeks ago.

My daughter was born with a growth in her throat.

Total medical expenses in past six months, to date - $135 ambulance ride, $425 medication related to throat, $100 mediation related to acid reflux - total $655

I also had $360 related to court costs for my uncontested trial.

I didn't submit the schedule 7 medical on the uncontested trial request, because my legal aid lawyer told me he'd bring them forward when the hearing was scheduled. Now, the lawyer has been useless except for writing two letters to the other party. I've self-rep'd in all legal proceedings and filings.

Should I do a motion for my court costs and medical expenses? Or am I possibly opening another can of worms?
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Old 01-25-2017, 11:19 AM
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Genuinely asking, don't know the answer. Should you not have asked for that at the uncontested hearing two weeks ago?
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Old 01-25-2017, 11:58 AM
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That's what I thought! This lawyer was useless. He was at the courthouse with me when I filed! He said well ask at the hearing. And there wasn't a hearing. They made a ruling in close Chambers. I thought to myself the lawyer should have known this. He was absolutely useless.

Last edited by blinkandimgone; 01-27-2017 at 08:33 PM.
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Old 01-25-2017, 12:29 PM
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Genuinely asking, don't know the answer. Should you not have asked for that at the uncontested hearing two weeks ago?
The general answer is: Yes, it should have been part of the request for the order.

S7 expenses should have been dealt with as part of the resulting order from the uncontested trail. It should have been based on the imputed income assigned to the other parent for the purposes of calculating child support.

This was a FLOP on the case of the lawyer if it was not resolved at that time.

Unless the resulting order was not FINAL and was left open for the other party to return to the matters in some way. If that is the case then it should be open to any party to seek an update to the order.

My recommendation would be to have the order amended to include details about how section 7 expenses should be dealt with so the FRO (or another responsible party) can collect child support and S7. The S7 stuff needs to be VERY DETAILED for the FRO to act upon it. Like a list of what are eligible expenses need to be included in the order and the proportion breakdown that is payable by both parties.

Some of the expenses listed by the OP are payable by supplemental insurance so the first place to go is your insurance provider for them. Then any deductible that is over $150 for the year should be paid as an S7 expense.

Good Luck!
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Old 01-25-2017, 02:39 PM
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Thank you all
Much appreciated
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Old 01-27-2017, 08:25 PM
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Tayken's advice would be through a standard motion with notice, correct?
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Old 01-29-2017, 11:01 AM
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Tayken's advice would be through a standard motion with notice, correct?
That is a good question for a lawyer. You had an uncontested trail. The other party did not bother to do anything or even appear. So, you may be able to proceed without service to the other party. Not sure though.
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Old 01-29-2017, 11:20 AM
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I'll head down to the FLIC office this week. I'm not asking my lawyer; guy is useless. I'll post the response...
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Old 01-29-2017, 11:23 AM
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I'll head down to the FLIC office this week. I'm not asking my lawyer; guy is useless. I'll post the response...
Uncontested trials are rare. Hence the lack of knowledge in this and the legal community.
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Old 01-29-2017, 11:33 AM
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Oh and thank you Tayken
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