7
6/14/2017
To Brian,
Attached find bills of Brandon's that you are responsible for. Per our conversation January 2017 you stated for me to send them to you and you will reimburse me your portion owed to me right away. You stated I haven't been sent letters/bills to pay previous which is totally incorrect. I have sent you bills as far back as 10/2012, our divorce date. I send everything to you certified return receipt and have gotten back the signed receipt that you had received what I have sent to you. Yet you still have not paid these outstanding ARREARS. Again, I will copy my original papers sent to you in reference to this. You are obligated per the divorce decree to pay these and within 10 days of this receipt. These are counted as ARREARS. Our divorce states that you can ONLY claim Brandon on your income taxes IF you are NOT in arrears which you have been in arrears every year. Under Article XXX It states "For so long as the Defendant is current in his child support AND RELATED OBLIGATIONS".
Taxes-You did not comply with our divorce decree and claimed Brandon on your income taxes in 2013, 2014, and again 2016. You owe me the Empire State child credit income from each year which is $100 federal and from the department of taxation & finance (treasury) EIC is $213. So total of $313x 3 yrs = $939.00
Additionally, Article XXII states "Plaintiff shall be entitled to an increase in support once the Defendant's older son is emancipated and Defendant shall provide Plaintiff the documentation of the unemancipated son's status, upon written request of Plaintiff". "Defendant's support obligation to Plaintiff for child support shall increase to the then applicable CSSA figure. See the divorce regarding the stipulations of emancipation.
At the time, I sent via return receipt a letter to you requesting your most recent tax return and 3 paystubs. You never complied. You have never had your payments changed or sent me any money towards the increase of Brandon's child support.
Christopher's birthday is August 15, 1991 that makes February 15, 2014 his last day for collecting child support from you. It means Brandon's child support was to be recalculated for February 16, 2014 to receive the FULL 17% of your salary. Brandon is entitled to this difference beginning February 16, 2014 and to the current date and into the future. .
Since February 16, 2014 this is ARREARS IN CHILD SUPPORT. Now you owe me the difference in what the new calculation would have became February 16, 2014 going forward for the FULL 17%.
Per our divorce decree you are responsible to pay these bills within 10 days of receipt. Per our divorce decree you are responsible for 64% and I am responsible for 36% of Brandon's bills. See Article XXIV page 27 regarding the %.
ACLS Cindy out of network bill
A bill for me with a date of service 8/17/16 from ACLS co. went through your insurance as an out of network doctor/lab. As you know if it is an out of network provider you as the employee get the check made out to you and mailed to you. I called the insurance company regarding this bill and was told that they sent this check #VX05267769 for $ 787.68 to you and it was cashed on 10/6/16. Prior to you cashing this check we had a phone conversation regarding it. You stated you had the check and would forward it to me within 2 days. As of this date I have NOT received this $787.68 from you. You need to send me this insurance money that belongs to me/provider. You owe me the full $787.68 ARREARS
Brandon Prescription Bills
See attached breakdown of prescription bills:
Rite Aid printouts starting in 4/13 of year 2013, and in year 2014, 2015 and up to date 11/21/16. This totals $1,879.41.
Then the print out 1/1/12 to 5/11/12 for $160.00.
There are copies of receipts for the rest of 2016 and part of 2017 which is up to date of 2/16/17.
These ALL total $2,172.92. Your 64% is $2,172.92 x 64%= $1,390.67
Past Bills sent to you previously that you didn't pay. For breakdowns look at the letters I sent you more than 1x. THESE ARE ALL ARREARS
Brandon Medical payments Letters dated 7/30/12 and 6/5/12 on page 1 #2 A through D totals $485 which you are responsible for 64%. Then E is $184 you are responsible for 100% as these were insurance checks for Brandon's speech therapy which was out of network. Due to being out of network, you as the employee received the checks and in your name. You could have signed them over or could have written a new check then sent the check to either the provider or me. YOU DID NEITHER=ARREARS. $485 x 64%=$310.40 and $ 184.00 = $494.40
Bills from letter 7/30/12 page 2 #4 Therapy 6/5-7/12/12 and Rite Aid 6/11 and 7/11/12 not paid $121.60ARREARS
Life Insurance arrears 2012 from June and July $67x 2= $134 ARREARS
Brandon Current Medical 12/8/16 Dr M. Vani $20 & 2/16/16 $20= $40 40 x 64%= $25.60
Brandon Dental spacers letter dated 3/27/13 dental spacers. Total was $2,180 insurance paid $300 and had an online credit of $25.00. This brings the total to $1,855. Again, you were notified by letter before Brandon had gotten these that this was coming up. I then sent you the bill showing I made the initial $680 down payment with a $1200 balance remaining. $1,855 x 64%= $1,187.20 You owe and have not paid the $1,187.20 ARREARS
Brandon Dental Braces again I notified you via letter this was coming. 1/13/17 Rienecker Ortho total $5,180 insurance paid $4,900 leaving $280 balance. 1/23/17 I had to pay the down payment of $80.00 leaving balance of $200. You are responsible for 64% of the $280.00= $179.20
Brandon therapy/psychology
Pendente Lite Order of the Court you were to pay the sum of $6,565.49 from the share of the parties 2011 tax refund monies. ANY arrears remaining to be paid through the Support Collection Unit at the rate of $25.00 month. After the tax monies the balance was _. You are still in ARREARS of _that has not been paid to me.
You are BEHIND in paying child support, maintenance, life insurance and the Pendente Lite Order of the Court/$25 month
Child Support $888.62
Life Insurance $ 67.00
Maintenance $1,000.00
Totals $1,955.62/monthly
The most current checks have been in the amount of $902.58 biweekly/$1,805.06 mo.
1955.62-1805.06=$ 150.56 month shorting me _calculate each month supposed to get $ 977.81
PLUS Shortage of you are to pay $25.00 in arrears that was calculated before 10/2012 by attorneys for unpaid arrears in the amount of $ _
Running Total you owe me:
1. Taxes $ 939.00
2. ACLS Cindy out of network bill $ 787.68
3. Brandon Prescription Bills $ 1,390.67
4. Brandon Medical payments $ 494.40
5. Bills from letter 7/30/12 $121.60
6. Life Insurance arrears 2012 from June and July $67x 2= $ 134
7. Brandon Current Medical $ 25.60
8. Brandon Dental spacers $ 1,187.20
9. Brandon Dental Braces $ 179.20
10. Brandon therapy/psychology -
11. Pendente Lite Order of the Court
TOTAL
Credit Card Visa 7309
Article VII states "Husband is fully and solely responsible for the entire remaining balance. Husband shall immediately effectuate a balance transfer of the entire sum or in the alternative he shall pay off the entire balance within 30 days hereof, and provide proof of said payoff."
Per our conversation in January 2017 you said to me that the check for $10,000 was to be used to pay off the joint Visa card. You said you wrote that in the check memo field. You are mistaken. Not only is the check memo field blank, but you also did not include a cover memo with the check to explain what the check was intended for. Since you gave no indication, the money was applied to past arrears. If it was your intention that it was to be applied to the credit card, you should have specifically communicated that.
This credit card still has a balance and is collecting interest. You are still responsible for
The total I have paid each month since our divorce which includes principle and interest which is _
What the remaining balance is still left on the credit card _
TOTAL is _
Two weeks from the date of this certified return receipt letter, if I do not get a response to this letter with a check I will be at the court house filing the necessary paperwork!
Cindy Moore
Arrears
Past arrears prescriptions _
You are BEHIND in paying child support, maintenance, life insurance and attorney's last calculation that you were to pay $25 month
See the breakdown on page 28 of the divorce. Monthly amount is $ 1,955.62 this calculation includes
Child Support $888.62
Life Insurance $ 67.00
Maintenance $1,000.00
Totals $1,955.62
You were to pay $25.00 arrears that was calculated before 10/2012 by attorneys and in our decree for unpaid arrears in the amount of $ _
TO FINISH
902.58 biweekly/$1,805.06 mo.
1955.62-1805.06=$ 150.56 month shorting me _calculate each month supposed to get $ 977.81
Add-tax section, breakdown of monthly money, emancipation,
Attached : Addendum to stipulation pg 1 showing pro-rata% and life insurance; Rite Aid printouts 4/13/13 to 11/21/16, Rite Aid printout 1/2012-5/11/2012, Page of handwritten prescription breakdown from 4/13/13 through 2/16/2017 including 2 pgs copy of scripts, capone paper