Ex received the OSC today. She picked it up at 11:35am.
Terminate Arrears/Declaratory Relief
https://simasgovlaw.com/declaratory-relief/
Keith filed an OSC today. He gave background information in his declaration. He also let the court know that his attempt to contact the mother on 2/22/2005 to obtain her agreement that that his arrears obligation was satisfied, failed. She stated she would not agree until their daughter turned 18, (which is in June 2005) at which time his ongoing support will also terminate. Keith declared: 1. Background- I am the father of the minor (17) involved in this matter. The mother and I divorced in 1990. The most recent order on child support was filed 9/26/03 and provides that I pay the mother $560 per month child support retroactive to 12/1/02, plus $50 per month commencing 6/1/03, towards any arrears created by this order. A wage assignment was filed that same date. The stipulated order does not set an exact amount for the arrearage payment, nor does the wage assignment order.
Effective 2/25/05, I will have paid the last arrearage payment. I am seeking to modify the wage assignment to terminate this portion of my obligation. My attempt to contact the mother on 2/22/05, to obtain her agreement that my arrears obligation was satisfied, failed. She indicated she would not agree until our daughter turned 18 (which is in June ’05, at which time my ongoing support obligation will also terminate. )
2. ARREARS: I request a court order declaring that my arrears obligation is -0- and modifying the wage assignment to reflect this. See Ex. A attached for verification. I was current on my support obligation prior to the stipulated order. The arrears was only created because of the retroactivity of the order. I was initially paying child support of $700 per month for 2 children. The support obligation reduced to $350 per month in Sept. ’02 when our eldest turned 18 (and had graduated). In Nov. ’02, the mother filed an OSC to increase support for our youngest, which led to the stipulated order of $560 retroactive to December ’02 (with retroactive portion payable at $50 per month). We entered into this stipulation in May/June ’03, although it was not filed until Sept. ’03. I began payments as required by the order immediately. Payments were made by wage assignment and by direct payment for amounts not covered by the assignment.
I sent this OSC to her today from El Cajon. I sent it Certified/Return Receipt.
FINALLY
It took 10 years, LOL, but uncovered medical expense arrears have now been addressed. Child support went down to $607 a month support.
THANK YOU.
2005 “Estimated”
Hilarious that the ex thinks Keith should pay BEFORE anything, before she gets her support checks, before the insurance companies process claims, etc.
Today, Keith received a letter from his ex, that is dated January 18, 2005, and with it, she attached HER perceived final amounts and “estimated” amounts of child support she thinks he would owe her.
Their daughter turns 18 this year in June, so I guess the ex is trying to “wrap up” whatever it is she’s trying to “wrap up.” The ex also told Keith to not contact her regarding this letter “or any further complaints or harassment directed toward me by you and your wife.” She told him she no longer has an attorney on retainer and she no longer uses the services of her previous attorney, based out of San Diego.
She said, her personal information is private – that forwarding or otherwise directly sending correspondence or other information to other parties that she has not authorized is a violation of her privacy rights. GEEZ, if I had a nickel for every time she used that phrase. She went on to tell him that she “is seeking the professional services of an local attorney to file charges of harassment due to the continued berating content of e-mails (which I have deleted and blocked all addresses and alias by Richard (our last name) and his wife Patricia) and the violation of my privacy rights. I have refused and will continue to refuse all mail and any other correspondence to the nature and content of these mailings.”
She told him that the amount owed to her for child support for the benefit and welfare of (formal name Daughter) date of birth 6/18/1987, ( as if Keith didn’t know) is due monthly and has been court ordered to her that was since 1989. UM, that would be a lie. He LEFT in 1989, and there was NO court order for support until November 1990. Prior to that, he paid on his own, with her acknowledging his payments and even told him “thank you for sending money on time and regularly.” She then went on to accuse him of never being able to meet that court ordered requirement. Well, truth be told, there WAS no court ordered requirement at that time, LOL. She whines that she continues to receive less than the court ordered amount from his employer by garnishment. She states court ordered amounts are not what she is receiving resulting in arrearages and past due child support. She tells him, “this is not my problem.” He never said it was. She says this is his responsibility to pay his child support on time and in full each month.
She then tell him, “Should you wish to make the payment owed in fill or make payments before the end of June 2005, you may do so directly to my checking account at (lists her banking name and address) in my name (her first and last name which she has changed back to her maiden name)or to our daughter (daughters first and last name.)She is at the same post office and is able to pick up the mail each day.”
These last two paragraphs made us laugh. She wrote, “Five months until June 18, 2005 and the end of your responsibility to support your daughter. I NO longer wish to have any contact with you. If you need something talk to your children not me. Failure to pay your child support in full by June 18, 2005 will result in filing a statement with the State of California Department of Child Services. (she typed her first name and then signed it).
Huh? I’m thinking she means the Dept of Child Support Services. She tries to sound so smug and smart.
Harassment Charges
Does she really think she has the power to scare Keith/us? She sent him an email a little bit ago, 9:53pm to be exact, with “Harassment Charges” as the subject matter.
She told Keith, “I have hired a local attorney and have begun the process of filing harassment charges against you.
Do not send any emails or mail to me- do not call or contact me in any manner.”
That was it. LOL
At 10:04 pm, Keith forwarded it the email to her attorney and his at 10:04pm saying, “So, this is why she refused the mail today. I have no idea what grounds she has for doing this, she has none as far as I am concerned. So I still need to know where to send payments of child support and arrearages go.”
Then Keith wrote HER back at 10:10pm, “Good, I look forward to reading the (false) accusations and responding to them. Thanks for the heads up. Until then…. Keith”
January 12-15, 2005
Several emails were sent back and forth between Keith and his ex regarding child support. Can someone truly not understand how how child support works, after all this time, because it sure seems she hasn’t grasped it yet.
This morning, 1-15-2005, she emailed Keith and amongst other things she told him, “I will receive child support through the end of June 2005. She is your child or did you forget you are responsible for her welfare until she is 18. Please work on canceling the insurance too. She does not want or need your insurance after June 18th. Court orders will be sent to both insurance companies to show that. You are so stupid. And I imagine how happy all of this makes you and I think you are even more stupid. Not bothering me at all. In fact the more you waste time the more I LAUGH MY ASS OFF.”
Huh? “you are so stupid. And I imagine how happy all this makes you and I think you are even more stupid.” WHAT? What does that even mean?
2004 Letters
From Jan. 2 to Dec. 4, 2004, All letters (7) to Anthony were pertaining to uncovered medical expenses that he is refusing to pay reminding him what the LAW says about reimbursement and what our court orders say.
The last letter on 12/30 was a recap of the actions of his wife over the years, letting him know that I will be bringing up this issue before the Judge when we go back to court at the end of January 2005.
2004 Gifts and Things
6-18-04- Thomas sent L a card. It was a congratulations card. It had a white flower on it. He addressed the envelope himself. He signed his name and added a heart. He wrote, “I hope you like this flower and my picture.”
11-30-04- J gave (8:31 am) a list to Keith suggesting what to get the kids for Christmas. He had only asked about L, because he was no longer discussing N with her. She gave ideas for Both kids. 10:40am, Keith told her thanks for the ideas, he appreciated it. Reminded her he doesn’t talk to her about N, but did tell her that he had sent N a birthday card in September and N refused it, not once, but twice.
12-20-04- received card from L. She wrote, “Richard (AKA) Dad” It’s postmarked 12-16-04. It was addressed to “Mr. & Mrs. D*******” in J’s handwriting.
12-21-04- Keith emailed (12:16am) J asking where to send L’s gifts, her home or her mothers. J responded (7:33am) to send L’s gifts to her home or her work. We sent the package to her home. (PO Box)
12-27-04 Keith emailed (1:46 pm) J asking if the box got to L yet, that it was mailed on 12-21.
12-28-04-J asked (7:50 am) where he sent it, that no box has arrived. Keith told her (7:59 am) he sent it to her PO box. He checked the postal tracking and emailed (12:54pm) J back and said, “It’s there now, today, a note was left in your PO Box that it’s there.”
Visitation 2004
Spring- DENIED
Summer- DENIED
Winter-DENIED
WOW….
“Kiwanis International is a global community of clubs, members and partners dedicated to improving the lives of children one community at a time.” https://www.kiwanis.org/about
What an awesome statement! That’s why it’s so crazy to me, every time I see this, how a (current or past, not sure which) President of the Kiwanis club can call another mother’s children, “dumpy.”
While complaining about the fact that Keith and I found out about another claim for his daughter was processed incorrectly, his ex thought it was ok to throw these comments in:
“…I process the claims the right way, I went to your dumb ass providers, we suffer each time I have to take (her daughter) to the doctors and she feels it too. Why so you can sit in your dumpy little house with some dumpy wife and kids…”
This is not the first time she’s attacked my children.
She was also not happy when I called her insurance because once again, a claim was not processed correctly. Her insurance paid as Primary, and she wasn’t about to let them know.
To me, having her insurance pay claims as Primary, when they clearly are not, sound like fraud. When she found out I called her insurance to let them know, she wrote an email at 11:44am stating, “What fucking right do you have to call my insurance you bitch, Big fat ass stupid bitch- you know nothing of what you are talking about. STAY the fuck away from me and my insurance. Stupid fucking bitch. I am on the phone with my insurance and you have been reported as breaking the confidently and privacy act with them. STAY out of this it is none of your business.”
At 11:45 she sent another email saying two words, “FUCK YOU”
At 2:22pm, I emailed her back.
“Happy Holidays (her name) 🙂
Your actions, did I stutter? I did call the Fraud hotline (for her insurance) and I asked them if your actions constituted fraud since it isn’t the first time you have pulled this stunt, they transferred me to your insurance to discuss it with them. We discussed this claim. Simple as that.
I do know what I am talking about 🙂 I wrote down names of people I have spoken to at your insurance and ours, and took very good notes on what was said. I don’t go near you to stay away from you. Since you live in WA an I live in CA. There is about a 24 hour or so driving distance between our homes, hardly “close by.” Stay away from you or else…what (her name)? Sure sounds like a threat (her name). Are you threatening me? Sure hope not. You already tried to threaten me several years ago when you told me you have been diagnosed with (her diagnosis), remember? I still have the tape of that conversation. The Corporate office to your insurance is in Seatte, so I don’t think I will be getting there anytime soon eithre. No need for threats “(her nickname)”. Were you ever diagnosed with with Tourette Syndrome? https://tourette.org/resource/understanding-coprolalia/
There was not breach of “confidently and privacy act.” I did speak to your insurance rep VERY confidently though, thankyouverymuch. In fact, one of the reps and I had a nice conversation about the information they can and cannot give out. Calling for the status of claims is not a breach of “confidently and privacy act” as you like to call it. I had the information they asked for, and all I did was let them know they paid the claim incorrectly and asked for the address to mail them the primary EOB when we get it. What they did tell me was that they were not able to discuss any medical history with me, OR with your for that matter without (her daughter’s) authorization, and frankly, that would be TMI for me to know. I was also told that you put a password on which really made me laugh, because you act like you have something to hide.
I will take care of whatever Keith asks me to take care of regarding the insurance. Just so you know. Thanks for your email. :-)” and I signed it “Dumpy”
I guess the fact that she has continued as she always had to pay for services up front, then bill the insurances and get overpayments, and then turn around and bill Keith and complain to him and the kids that he doesn’t pay his share of expenses.
Whatever….
BUT, lets not forget, all this time, she has been a President of the Kiwanis club.
How ironic.
