Divorce husband over three years and had the settlement hearing a year ago. I cancelled the healthcare the day divorce became final no children inolved. Husband brought up during settlement hearing he had medical debt due to me cancelling the healthcare. He claimed I did not tell him the process on how to get cobra. He never contacted my lawyer on how to keep healthcare, Judge ruled I did not have to pay for any of medical bills. Now my husband (Pro Se) is suing me in another state for personnel injury due to him having accident after the grace period the healthcare. I have hired a lawyer he says the state will not be able to hear the case because it was settled in another state. I must go through the motions until it is thrown out of court and once again great expense to me.
1 Answer from Attorneys
Good afternoon --
Be sure to keep working with your attorney. It sounds like you need the fire-support, given the litigation oriented nature your ex has taken. Does he have the money to afford all this? Court expenses and legal fees are not cheap, as you know.
In answer to your question -- maybe. First, we need to see the PSA (that's property settlement agreement) that ended your divorce. Typically, all medically related issues are addressed therein.
Secondly, we need to see the suit he filed. We have to be certain he is suing on grounds that match the PSA.
Finally, we need to discuss venue. That's the part about which court actually has jurisdiction over your case. I realize you must be in DC -- where did he bring the suit?
When a frivolous lawsuit is filed, it is traditionally immediately dismissed on the pleadings and you move for attorney fees. Often, when it is a bogus suit, you will get them. Be sure to ALWAYS go for attorney fees.
If you would like to discuss this further, I'd be glad to chat. 703-402-2723.
-- Sean R. Hanover, Esq.