Brice Erickson and Jobeth Erickson
Case No: 1466383
Hearing Date: Tue Apr 09, 2019 10:30

Nature of Proceedings: Req. for Order: Payment of Share of Medical Bills

Req. for Order: Payment of Share of Medical Bills

Attorneys: Petitioner (“father”) in pro per; Craig S. Pedersen for Respondent (“mother”)

Rulings:

1. Father’s contention that health insurance for Fallon is no longer available at “minimal to no cost” through his employer (UCSB) is rejected. The Court considers the amount now paid [$151.90] or that which is anticipated next year [$181.53 per month] is still minimal in the scheme of things.

2. Father’s request that mother owes $1,084.41 is granted; said sum shall be paid no later than April 19, 2019, for her share of the bills.

2. Father’s period of summer visitation with Fallon in 2019: Father may exercise an uninterrupted period of summer vacation time with Fallon from June 13-23 and from August 10-18; it may be exercised outside Santa Barbara County notwithstanding that this may mean Fallon will miss extracurricular activities now scheduled.

3. Mother’s period of summer vacation with Fallon in 2019: Mother may exercise an uninterrupted period of summer vacation time with Fallon on the following dates (in addition to Independence Day as defined by the Judgment, which is Fallon’s to spend with mother in odd-numbered years): June 29 – July 3 (four days); July 8-9 (two days); July 12-14. The Court will not opine on future years as requested by mother.

4. Mother’s request that the Court find that dance company intensives, required audition camps, and volleyball training all impact the parties’ respective periods of custodial time is rejected. Parenting time share will necessarily have to come first.

5. Mother’s request that mother and father are ordered to subscribed to Our Family Wizard for the purposes of posting and tracking uncovered health expenses and extracurricular expenses for purposes of ensuring compliance with Paragraph 9.2(1) of the parties’ Judgment is rejected. It is not considered a productive use of their time or financial resources.

6. Mother’s request that father owes her $299.80 as and for medical and orthodontia reimbursements is denied. The Court does not find her accounting on the matter persuasive.

7. Mother’s request for father to pay $500 per year [total of $2,000] for extracurricular activities for the years 2016 through 2018 [2019 year-to-date] is rejected. The claim comes much too late and is considered stale. As for the year 2019, mother may seek such sum not later than January 31, 2020. Father may have to pay her attorney fees related to any such motion if granted.

8. The Court finds that there was no break in the period of orthodontic treatment between early 2017 and early 2018; father is still absolved from being required to contribute financially to this orthodontia treatment.

9. Mother’s request to appoint a Referee to make findings and recommendations on reimbursement issues is denied.

10. Father’s request that the Court order mother to pay half of Fallon’s annual fees for the Blue Cross medical coverage father obtains for Fallon through UCSB and father’s request that the Court order repayment of the $400 for airline change fees resulting from mother’s “going dark” and returning Fallon 24 hours after father’s custody time Christmas break 2017 are both denied. Both requests are untimely and cannot be made, in the first instance, in father’s reply.

11. Mother’s request for sanctions in the sum of $2,500 [or any other sum] is denied.

Background/Analysis

This matter is voluminous; it comprises a total of over 200 pages of documents, declarations and contentions. The Court finds that mother and father are sincere and genuine in their claims and counterclaims. Additionally, as often occurs in family law matters, father’s reply includes objectionable matters; and as often occurs, that draws a sur-reply. Despite the amount of documentation the Court has read it all.