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  • Costs/Medical expense/Opinion

    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?

  • #2
    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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    • #3
      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, 09:33 PM.

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      • #4
        Originally posted by Janus View Post
        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!
        Tayken

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        • #5
          Thank you all
          Much appreciated

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          • #6
            Tayken's advice would be through a standard motion with notice, correct?

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            • #7
              Originally posted by Bellbaby View Post
              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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              • #8
                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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                • #9
                  Originally posted by Bellbaby View Post
                  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.

                  Comment


                  • #10
                    Oh and thank you Tayken

                    Comment


                    • #11
                      So, I filed my motion today. There was an error in the endorsement the judge wrote up. The court clerk was unable to tie it into a court order as the judge or down our lawyer information, but our lawyers never actually went on record. Mine (legal aid) essentially disappeared on me. The clerk at the family window told me how to ask for a correction via a motion.

                      Then I asked for life insurance, my schedule 7 expenses (all medical and she started daycare part time last week while I work two days a week) and my costs ($700 misc disbursements). I also asked for costs for my time as per the recent case law quoted on another thread here. Don't know how well that will go over as my lawyer i spoke to all of two times not including running into the guy at court. I thought might as well go the whole nine yards. Just don't know how well it will go over.

                      There was a big discussion at the window when I filed. Three of the court clerks we looking at my motion. They said word for word "he's done nothing. I see no reason for notice since an uncontested was already preformed recently". Another clerks opinion was to protect me and ensure I get what I'm asking for in regards to the change in the previous endorsement/order, maybe it should be on notice. I didn't hear the third clerks opinion but they were all standing around staring at my motion and discussing it. My clerk eventually took it over to the trial coordinator for hey opinion. I waited at the window. She came back with a court date, time and said no notice and specifically said "I wouldn't tell him".

                      So I'll let you know in a month what happens. But after an uncontested trial, it seems the motions are automatically without notice...

                      Comment

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