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Taking Notes Does Not Cut It Anymore

Rabon5's picture

DH's custody order states that BM is to pay 1/2 of ALL medical bills along with medications. She is to provide health insurance for children. She is to "actively participate" in counseling with both children. She is to be supervised AT ALL TIMES WHILE BOYS ARE IN HER CUSTODY.

She continues to break these court orders and blames it all on ME the SM. It is my fault she cannot keep a job as a nurse and pay for 1/2 of bills. It is my fault that she cannot participate in couseling because she will have to pay a $20 co-pay.
It is my fault that she does not have insurance on the boys (actually I did have a little hand in that - She went to our local social services office to get madicaid on herself and the boys. She told the social worker that her husband had left her and the boys with nothing and he left the country, not just the state the entire United States! Then was told she had to show proof that she attempted to locate the father so she went back and told them that he had remarried, without her kknowledge, and then died. In our state, NC, when you recieve medicaid on a child the child's school is informed. This was they make sure that all the correct insurance info is on file at the school and if your child recieves and "special" classes -which ours do- then the schools can bill the state for a small amount of the cost for teaching the child -this helps to pay part of teacher's salary-. The school sent a letter home (to me and living DH)asking us to update school records with the medicaid info. I then call the social service office to inform them there has been some mistake. I was told how BM was getting midicaid on both boys and herslf along with food stamps because BF was dead. I was then asked to provide a copy of my husband's death certificate to their office since BM cannot get a copy of it. I explained that my husband the BF was still living. The BM is now in the process of being charged with fraud.

She does not think that the court order with the supervised visitation appliesn to her when she thinks I or BF will be around. She takes the children to school alone - per the schools. She spends the entire weekend alone with the boys - no supervisor within earshot. Today DH and I decided to lunch. Not even worring about BM and boys, we pull into the same resturant they are at. We PLAINLY see BM in car with boys and no one else. They pulled in right behind us so they cannot say that a supervisor was in restroom or something to that nature. We did not want to argue with BM so we told the boys we love them, see them at 5:30 (our court ordered exchange time).

Every time that we call our already paid lawyer with BM breaking court order once again he just says, "Make a note of it so we have everything to present to the judge at one time. Make sure you are writting down everything including the dates and if possible the time."

In addition to taking these notes, what else can we be doing???? We do not have the money to hire anyone else at this time. Our lawyer is wanting to wait and see what if anything happens with the fraud charges with state before we go any futher. The longer we wait the less faith we have that the system will do anything. I feel like the judge will look at us and say that we knew what was going on and we continued to let it happen therefore he will not do anything to BM.

Sorry this is soooo long. ANY AND ALL ADVICE TIPS POINTERS ETC IS GREATLY APPRECIATED!!!!! THANK YOU FOR YOUR TIME

buttercup123's picture

I think your lawyer is right. I know it's frustrating but if she's charged with fraud it will help your case a lot. Document it all and wait it out. The legal system is soooo slow and frustrating but it will work out. Hang in there.

Rabon5's picture

I pray everyday that you are right. We have been sending BM certified copies of ALL medical bills including reciepts where we paid them and she owes us her half for the past three yrs. I have been taking these notes for about 1 1/2 to 2 yrs now. I just pray that something will give and the courts will see that we have done everything and change my husbands order from primary custody with BM having supervised visits 14 days a month to BF having sole custody and BM supervised visits EOW.

-The medicaid happened 11/2008. I found out and "corrected" the problem in 2/2009

buttercup123's picture

Does BM have a job? I'd want her pay garnsihed so you get your cash back. How long until they find out if she's charged with fraud? Isn't it enough that she will possibly be charged and that she doesn't listen to the court order. Maybe see another lawyer and ask for a 2nd opinion? If I don't like a doctors prognosis I see another one. Same could apply.

Stepmom2Ched's picture

If you show the school the court documents that state she is to be supervised w/ the children, how can they legally let the children in her care if she's alone? She should have someone WITH HER, if not then the school is at fault for not following a court order.

Show up and videotape her bringing the kids to school. THERE is proof...writing and proving it are 2 different things.

Don't feel that you had a hand in her not getting medicaid--she's defrauding the system and SHE GOT CAUGHT. It was bound to happen. It's called Karma! Couldn't happen to a better person! How long is it before she's charged w/ Fraud?

You are legally allowed to record any conversation with her, or your DH is allowed to. Get a digi-voice recorder and tape any conversations between you and her, and have him do it as well. Do you have a Cell Phone? Get pictures--for instance, when they pulled up today in the restaurant, I would have started taking pictures w/ the camera phone.

~*~A Good Mommy will let the kids lick the beaters. A GREAT Mommy will turn the mixer off first!~*~

Rabon5's picture

BM does have a job right now. She was working as a nurse at the hospital, got fired. She was out of work for 3 months found another nursing job that lasted one entire month. Out of work for a month or two and now works as a home health care provider (her nurses licences does not come into play with this job).
I do not know who long it is going to take for the state to file all charges. They have to give her the oppertunity and chance to pay back all monies used from medicaid and food stamps.
The schools do not allow her to leave with the boys. She gets the boys the night before "her days" and then takes them to school alone - there is nothing that the schools can do when she is bringing the boys to school alone. They have stopped her from picking the boys up from school. She is allowed to attend school events but she is not allowed to leave the school with the boys. The boys either ride the bus home (our house) or I pick them up.
As far as video or pics. - she called the police yesterday and said that we were following and stalking her. We did have a few pictures last time this was taken before a judge and she along with her supervisors said that the supervisor was there but just in the bathroom (even though both boys testififed in open court that they had been left alone with her at the time of the pic and several other times). We have been told by the judge that we do not need to continue to take pics because if we kept it up it could end up looking as if we are stalking her. The only legal way for us to get pics or video is to hire a private investagater (we don't have the money for that)