Is She Bluffing Or Not?

[candi463]

I had originally posted earlier about husband's ex-wife requesting payment about some medical bills that they had a verbal agreement on. Was told to sit back and wait for her next move. You don't have to wait too long with her. Received letter wanting to know what he was going to do with these and she wants a written answer by this Friday. If he agrees to pay these bills she will not go to her attorney on Friday. His court order states she should send him all copies of original bills, receipts, insurance records, etc. She only sends the explanation of benefits from the insurance company - not copies of original bills. The children have double coverage - he is required to carry insurance through his work and she elects to have secondary insurance through her husbands work. She only files with her husbands insurance. If she would've filed with his, most of these bills would've been paid. Which it does state in the divorce decree to maximize insurance for the benefit of the children. Any suggestions?

 

[LegalBeagle]

Write her a letter and include the parts of the agreement you mention. State that she should have made every effort to max the insurance benifits of both parties so as to reduce the costs. That in not doing so, she has incurred unnecessary expense.

Then inform her that under your agreement she is require to provide you with full invoices, statements etc etc etc.. That when you have recieved all the correct papers, you will check with your insurance to find out what would not have been covered. You will then agree to pay your percentage of the costs that could NOT have been covered by either insurance.

and.. have a nice day..





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Psst.. I am not an attorney, and even if I was, I would not tell you. Which technically could mean I am an attorney, but I would not tell you either way. What I am giving you is not legal advice in anyway. For proper legal advice, retain a person who openly admits they are an attorney.

 

[candi463]

Thanks Legal. If she doesn't provide the ne cessary paperwork original invoices, etc. what to do? Just trying to figure out her next move.

 

[LegalBeagle]

All you can do is wait at each step.. she may realise after your letter that she can do nothing.. she may ask her attorney who will tell her she can do nothing... or she my find an attorney who will do anything she asks.. in which case you will probably get a letter direct from the attorney trying to justify her approach and making it sound like you are in big trouble.

Your response is to again, write a letter to the attorney explaining the situation and quoting the court order and your answer to the situation. This is to ensure that she has not lied to the attorney and not forwarded your original letter.

After that, it will either go away or you will be served with court papers petitioning an order to show cause. This is the most important part as you finally get to see what she is requesting and what you have done wrong. At this point, you get an attorney...



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Psst.. I am not an attorney, and even if I was, I would not tell you. Which technically could mean I am an attorney, but I would not tell you either way. What I am giving you is not legal advice in anyway. For proper legal advice, retain a person who openly admits they are an attorney.

 

[candi463]

LB: One more question? If she does carry this further with threats, etc. Can we request copies of original bills, eplantion of benefits from both insurance companies, etc. on bills that has already been paid by my husband. Most of these he paid without seeing original invoices just explanation of benefits from her insurance company. I was just thinking that maybe this would kind of "scare" her as to what could be brought up if it was to go back to court. What do you think? I hate to be so sh---y about this, but this woman is EVIL.

Oh by the way she should be getting her letter today as you suggested in your earlier post and I'm sure it will hit the fan. Oh, well.