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Can my exs attorney keep asking me to ask my wife various…

Can my exs attorney keep...
Can my exs attorney keep asking me to ask my wife various questions pertaining to my current wifes health insurance (TRICARE)?Background: my ex wife cant stand that my current wife is able to cover my daughter on her TRICARE plan. My ex only has medicaid so any other insurance will always be primary, to include my current wifes insurance. In attempt to compromise, we said my daughter would only be enrolled in TRICARE when we are exercising extended parenting time (since we live out of state and IN medicaid is not reliable insurance). My ex did not like this so the issue went to court and the judge ultimately ruled that the court has no jurisdiction to rule in regards ***** ***** since it is my current wifes plan and she is not a party to the divorce.We now have my daughter for a few weeks so my exs attorney reached out to me, said they see my daughter is enrolled in TRICARE and asked if we enrolled her. I responded by stating that I did not enroll her (i never deal with the insurance). She has then persistently asked me if my wife enrolled her and asked me to ask my wife if she enrolled her.A) what are they trying to get? They know shes enrolled. They know my wife enrolled her since we have confirmation that they called and asked. Why do they keep wanting me to state it over email?B) the judge already ruled they have no jurisdiction. Is it right for the attorney to keep pestering me about my wife and her policy?
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Answered in 1 hour by:
3/22/2018
Sean K
Sean K, Family Law Attorney
Category: Family Law
Satisfied Customers: 970
Experience: Family Law Attorney in Private Law Firm
Verified

Hi. Sean K here.

Didn't we discuss this case earlier? I believe the guidance was to instruct Tricare not to speak to your ex-wife and that the Judge had been correct in saying there was no jurisdiction?

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Customer reply replied 5 months ago
My question pertains to responding to the opposing attorney when she repeatedly asks about my wife and TRICARE???I didnt ask anything about how to handle TRICARE.

So it is difficult to say why the attorney may have been asking about Tricare, but the exact reason is not necessary to know, you simply have to understand that if they are asking, they are trying to do something. They may not even know what they want to try yet, but if a court hearing goes bad - like it sounds the last one did when the Court said there was no way to keep Tricare from not being in place - then attorneys will retreat and begin to consider the options and the facts to see how next to approach the matter. As part of this, they will ask questions. So to answer your question - can your ex's attorney keep asking various questions about Tricare. The answer is absolutely yes. But here is where your position runs supreme. They can ask but unless there is a Court order requiring you to answer, you, nor your wife have to answer.

In fact, I encourage there to be zero back and forth between one party and the adverse side's attorney. The attorney has a duty to your ex and anything that you say to them is the same as saying to your ex and the attorney is only trying to help his client.

There is nothing a Court can do and the only thing giving the attorney information (not that you would) can do is to help your ex. So while they can continue to ask, you and your wife can continue not to answer. In fact, it would be proper to politely ask the attorney to no longer contact you on that issue.

I will also say that as a Court has ruled it is not something that every attorney would do, unfortunately, some attorneys will. In this case, you control if you respond or just ignore.

As for Tricare, call them and tell them the instructions as to who can assess Tricare incase the attorney or your ex attempts to call and get information. This should already be in place as a result of privacy laws, but by calling up and doing something as simple as putting a password ***** the account, attempts to access it will be unsuccessful.

Please note: This is general information for educational purposes only and is not legal advice. There is no specific course of action is proposed and no attorney-client relationship or privilege formed within this conversation.

If you have any follow up questions it would be my pleasure to answer them. As experts we only get credit for the time and effort we spend on our answers if you rate us positively - 5 stars is definitely appreciated but not required! There is no cost associated with you rating me and you can still ask follow up questions after rating me and I will respond.

One final point, there may be a delay between your question and my answer; this is because I'm either not at my computer or helping someone else but rest assured, if you ask, I will provide an answer. Thank you again.

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Customer reply replied 5 months ago
I did ask the attorney to stop contacting me about TRICARE and she responded by stating, " I have no choice to ask you about this because it is your wife that has the coverage."Ive ignored her but it seems she has also ignored my request for her to stop contacting me.

To be very candid, the response, "I have no choice to ask you about this because it is your wife that has the coverage," is a very weak reason for an attorney to ask.

In court proceedings there are recognized ways to get information, sending emails where questions are asked is not one of them. So, unless there is some order in place requiring you to answer (which I doubt there is, because there are other methods) then there is no requirement you answer. However, it does go back to the fact that there is no prohibition of the attorney continuing to ask. However, the more they do the more I would believe they are just fishing and hoping that you will believe the only way to get them to stop is to answer.

Interestingly enough, most attorneys would ask once, maybe twice, then if they were not getting the information and they were entitled to it they would pursue another avenue, not keep emailing.

I would send a final brief email saying that you will not respond and leave it at that.

Keep all of the emails from and to the attorney. If more are sent, verify they are not on a different issue and just stop responding.

Sean K
Sean K, Family Law Attorney
Category: Family Law
Satisfied Customers: 970
Experience: Family Law Attorney in Private Law Firm
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Sean K and 87 other Family Law Specialists are ready to help you
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Customer reply replied 5 months ago
Thank you. You give the most thorough responses.

That is so very kind of you to say. I have always believed that the more information I can provide the better.

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