Family law attorneys...any options?

[sartre 0]

Picture this scenario: there is a court order on a pending divorce that no party shall cancel insurance (health, in this case) on the other party without the other party's consent or a court order allowing it.

Party A cancels it anyway. Party B doesn't find out until a month later, when she goes in for a biopsy and they tell her she's no longer covered, and her visits from 2 weeks ago won't be covered either. Office visits, lab tests, medication....everything during the past month that has taken place will not be covered.

Does anyone know of any fines/penalties that can be assessed to the first party and/or his company?



Divorce sucks. Even the "nicest" guys turn into complete pricks.

[Bolas 5]

I'm no lawyer but this looks like a clear case of "breach of contract" or worse still "violating a court order."

Either way your attorney should have a field day with this.

I don't do this much but (((HUGS))) to you.

Stupidity if left untreated is self-correcting
If ya can't be good, look good, if that fails, make 'em laugh.

[sartre 0]

Thanks Bolas. I'll take all of 'em I can get!
Gotta go change my name back to "Fuck Off You-Know-Who" on myspace.

[Andy9o8 2]

It certainly seems like a violation of a court order - for which you can haul him into court. But there are so many variables, I'm hesitant to get into more detail about what possible options you might have, or what practical results each option might produce.

You should speak to your attorney immediately. If you don't have one, get one. If money's tight and you're not sure how, here's a few ideas:

http://www.dropzone.com/cgi-bin/forum/gforum.cgi?post=2952472#2952472

But act now. Do not delay.

One more thing - and this is vitally important: do not take legal advice from anyone - ANYONE - who is not an attorney. Period.*



(* Yes, I am.)

[NWFlyer 2]

PM lawrocket - I think this is his area of expertise.

"There is only one basic human right, the right to do as you damn well please. And with it comes the only basic human duty, the duty to take the consequences." -P.J. O'Rourke

[lawrocket 3]

First:

http://www.dropzone.com/cgi-bin/forum/gforum.cgi?post=882788#882788

Second:

This is an issue with regard to violation of a Restraining Order, which is contempt of court. Not only can the court have something to say, but yo may be able to get HIM to pay for all of the uncovered medical expenses.

Get some competent legal advice about this.

My wife is hotter than your wife.

[Andy9o8 2]

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Get some competent legal advice about this.

http://www.dropzone.com/cgi-bin/forum/gforum.cgi?post=2973346#2973346

[lawrocket 3]

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PM lawrocket - I think this is his area of expertise.

It is one of my areas of expertise, but unless it's a California dissolution, I can't tell her nuthin.

My wife is hotter than your wife.

[NWFlyer 2]

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PM lawrocket - I think this is his area of expertise.

It is one of my areas of expertise, but unless it's a California dissolution, I can't tell her nuthin.

Oh blah blah blah ... it's California, home of "I'm not a lawyer but I play one on TV."

"There is only one basic human right, the right to do as you damn well please. And with it comes the only basic human duty, the duty to take the consequences." -P.J. O'Rourke

[lawrocket 3]

No, it's more that "practicing law without a license" sort of thing. California won't hose me until whatever her home state is convicts me. Then I lose my license in California and I will be forced to find some other way to pay back my student loans.

My wife is hotter than your wife.

[NWFlyer 2]

Well that's when you *actually* play a lawyer on TV.

"There is only one basic human right, the right to do as you damn well please. And with it comes the only basic human duty, the duty to take the consequences." -P.J. O'Rourke

[sartre 0]

I was simply wondering if anyone knew of any options available, as in, is it a punishable offense or not. Of course I would hire an attorney if that's what I needed to do, but I was curious as to whether anyone had seen any sanctions imposed in such an instance.

Thanks for the input folks.

[Andy9o8 2]

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I will be forced to find some other way to pay back my student loans.

Standard reply on here: go to a DZ and become a packer.

[lawrocket 3]

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was curious as to whether anyone had seen any sanctions imposed in such an instance.

Yes. Quite sizable sanctions, in fact. Like total costs for uncovered medical. It was something like 7,000.00 for a minor outpatient surgery.

My wife is hotter than your wife.

[ExAFO 0]

I enjoy being a 2L. It sucks less than being a 1L.

Illinois needs a CCW Law. NOW.

[NoShitThereIWas 0]

First off: I agree, Divorce SUCKS.

I was involved in similar bullshit and worse. My ex was ruthless.

Things similar to this situation would happen to me all the time. In a "true" judicial system or court of law, Party A should be liable for Party B's medical bills unless Party A can prove that Party B was notified and even so, the court order or decree I am assuming states that Party A is to keep insurance for Party B.

The Court may take into account any mitigating circumstances of Party A, of there were any, but Party A should be liable to Party B for violating the Court order. My Mom is a family law attorney, I will ask her next time I talk to her.

Unfortunately however, in my experience, what is theoretically justice and what is executed as justice often turn out to be quite different.

In my miserable experience with divorce, the party who was more sly and had more power and money could outlast and destroy the other party and pretty much get what they wanted. My experience was also in the Hawaiian Family Court and I believe the family court and criminal court in that state are nothing like mainland courts and pretty much do whatever they feel without any reasoning of the law.

Ultimately though, if you are a firm believer in Karma (and I am), what goes around does come around as long as you are strong in your own convictions. Things eventually worked out for me; not in the most ideal way ... but they nonetheless worked out.

The sad thing is, when two people go into battle against each other, the only real winners are the attorneys.

Roy Bacon: "Elvises, light your fires."

Sting: "Be yourself no matter what they say."