Legal Question in Family Law in Pennsylvania

Breach of Promise

I was divorced in PA in 2001. I moved to California to attend college. He is supposed to send me 300 a month for medical expenses. Up until April there was never a problem. Now when I call him to ask for the check he says he 'mailed it.' I have not received checks for April, June, and July. He said he wrote another check and sent it but I didn't get that either. Our agreement states that the one who breaches the contract pays the legal fees. Can I do this from CA? Also, his lack of payment has put me in a financial position where I was unable to pay my rent and will therefore be homeless at the end of the month since I have not found a job since graduating college. Also he lied to me prior to the divorce and said the house was worth 20,000 less than we paid for it so if I wanted he would take the house so I wouldn't be in debt. We were supposedly friends and I believed him. I now found out he was lying. My major priority at the moment is to get the money for my medical insurance which I have paid from my own money but will not have enough after September. The problem is that I am 'uninsurable' because of my diabetes and it is vital I have the money to continue paying for my policy. What legal recourse do I have?

Asked on 8/09/03, 9:21 pm

3 Answers from Attorneys

Wayne Wisong Wayne Wisong, Attorney at Law
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Re: Breach of Promise

I would add that your concerns about being uninsurable are unfounded. Private health insurers are not longer allowed to require proof of good health to obtain a policy, as a result of the Health Insurance Accountability and Portability Act of 1997. However, they can to some extent rate (determine premiums) policies on current health conditions. However, to avoid pre-existing condition exclusions, you must make sure you do not have a 91-day break in coverage.

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8/10/03, 12:51 pm
Dieter Zacher Law Offices of Dieter Zacher
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Re: Breach of Promise

You have to get a "sister state" judgment. Then, can move to enforce the judgment by a court in California. Otherwise, you have to go back to Pennsylvania. Please contact a local attorney to assist you. Good luck and thanks for inquiring.

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8/10/03, 1:49 am
Lyle Johnson Bedi and Johnson Attorneys at Law
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Re: Breach of Promise

NO your husband or exe as the case may be lives in PA and did so at the time of the divorce. You would hafve have someone is PA enforcement the agreemeent. Califoria lacks the personal jurisdiction to enforcement the agreement.

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8/10/03, 2:24 am

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