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Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 113491
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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My ex's attorney announced today that they were still

Customer Question

For Law EducatorMy ex's attorney announced today that they were still seeking reimbursement for COBRA payments my ex made for me in 2012. Under the divorce decree he was not immediately blighted to make the payments. My ex wrote a contract signed it and told me it did not need to be filed saying he would pay for my healthcare until nov 2016 he has completely reneged on doing that and has paid nothing but the cobra (I had been deducting it form my owed monies - and was ahead of his bills of money I owed by 20,000.00 before he reneged - now we are even) does he have any legal claim to the cobra money?
Submitted: 1 month ago.
Category: Legal
Expert:  Law Educator, Esq. replied 1 month ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
If you can provide proof of the agreement that he agreed to pay the COBRA payments, then no he has no claim to the COBRA reimbursement. However, you bear the burden of proving he did make such an agreement with you.
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Customer: replied 1 month ago.
is the attached adequate proof?
Expert:  Law Educator, Esq. replied 1 month ago.

Thank you for your reply.

It is proof he agreed to pay for the 18 months, not beyond. He says he did it as a favor, not an obligation and he put in writing it was a favor or gift to you for that 18 months so you can argue that you do not owe him for reimbursement for that period of time only. That is what the email indicates.

Customer: replied 1 month ago.
I assume I can then sue him civilly my for the rest? See attached
Expert:  Law Educator, Esq. replied 1 month ago.

Thank you for your reply.

If he signed that document, then YES he is liable for all of those payments.

Customer: replied 1 month ago.
But can I use the email in family court to deal with the cobra issue (is the judge going to make me pay him back given the email) and the sue him for the rest in civil court so I can keep the first clause out of the issue of money?
Expert:  Law Educator, Esq. replied 1 month ago.

Thank you for your reply.

Yes you can use the email in family court to deal with the COBRA issue and then sue under the signed agreement if the judge will not address the signed contract under the same case, but for cost and judicial economy I would bring all of it in the same family proceeding.

Customer: replied 1 month ago.
What about the first provision on marketing the house? I have that forever but I am concerned this provision could change that?
Expert:  Law Educator, Esq. replied 1 month ago.

The document does limit your sole discretion until 2012 only. You cannot have it both ways, both clauses in the agreement are valid or both are invalid.