Family Law

Family law questions? Ask a family lawyer online.

Ask a Lawyer,
Get an Answer ASAP!

This answer was rated:

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?
Show More
Show Less
Ask Your Own Family Law Question
Answered in 1 hour by:
3/22/2018
Sean K
Sean K, Family Law Attorney
Category: Family Law
Satisfied Customers: 462
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?

Ask Your Own Family Law Question
Customer reply replied 1 month 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.

Ask Your Own Family Law Question
Customer reply replied 1 month 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: 462
Experience: Family Law Attorney in Private Law Firm
Verified
Sean K and 87 other Family Law Specialists are ready to help you
Ask your own question now
Customer reply replied 1 month 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.

Ask Your Own Family Law Question
Was this answer helpful?
Ask Sean K Your Own Question
Sean K
Sean K
Sean K, Family Law Attorney
Category: Family Law
Satisfied Customers: 462
462 Satisfied Customers
Experience: Family Law Attorney in Private Law Firm

Sean K is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

11,875 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

LawTalk

LawTalk

Attorney and Counselor at Law

9,025 satisfied customers

30 years legal experience. I remain current in Family Law through regular continuing education.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

7,856 satisfied customers

I provide family and divorce law advice to my clients in my firm.

Tina

Tina

Lawyer

6,562 satisfied customers

JD, 17 years legal experience including family law

Barrister

Barrister

Lawyer

3,415 satisfied customers

Attorney with 17 years experience

P. Simmons

P. Simmons

Lawyer

3,398 satisfied customers

16 yrs. of experience including family law.

RobertJDFL

RobertJDFL

Lawyer

2,787 satisfied customers

Experienced in multiple areas of the law.

< Previous | Next >

Related Family Law Questions
In my divorce case 1) summons with 1claim-divorce 2) at div
In my divorce case 1) summons with 1claim-divorce 2) at div hearing new claim g of $4000 give verbally 3) no written notice given to defendant me 4) default judgment (I am no show) awards plaintiff tw… read more
Ely
Ely
Counselor at Law
Juris Doctor
11,875 satisfied customers
How to contest a divorce if uncontested final divorce decree
how to contest a divorce if uncontested final divorce decree was signed due to manipulation to sign the uncontested final divorce decree … read more
Ray
Ray
Lawyer
Doctoral Degree
32,134 satisfied customers
If you were married and then divorced and in that divorce
if you were married and then divorced and in that divorce you got the house time passed and you remarried the same person now you're contemplating divorce again who does the house belong to?… read more
ScottyMacEsq
ScottyMacEsq
Doctoral Degree
17,769 satisfied customers
I'm divorcing my husband in Wisconsin, a no fault divorce
I'm divorcing my husband in Wisconsin, a no fault divorce state. He tried to hide 80,000 of credit card debt from me and has probably spent 100,000 in credit card interest in our marriage. I probably … read more
S. Kincaid
S. Kincaid
Doctoral Degree
2,397 satisfied customers
Family/Divorce/Custody lawyer please. I filed for divorce in
I filed for divorce in 2015. Trying to reconcile with my wife and conceived a child in February 2016 and he was born November 2016. Called it quits again in March 2017 and I have done pro se ever since. … read more
Olivia Kent
Olivia Kent
Managing Partner
Doctoral Degree
2,867 satisfied customers
California Divorce law) So my parents got divorced but had
California Divorce law) So my parents got divorced but had separated 2 years before. My dad's practice was stated as community property and valued. He had to buy my mother out of the other half of his… read more
Ray
Ray
Lawyer
Doctoral Degree
32,134 satisfied customers
My husband and I are getting a divorce, and my divorce date
My husband and I are getting a divorce, and my divorce date is the 27th of this month. My lawyer is saying I need to have paid every cent of my fees by prove up at that time. She never told me that an… read more
Attorney Wendy
Attorney Wendy
Member
Juris Doctorate
523 satisfied customers
I am using online divorce for an uncontested divorce and we
I am using online divorce for an uncontested divorce and we want as simple a dissolution as possible -- I answered all questions and then received forms but some answers are incorrect -- we already ha… read more
S. Kincaid
S. Kincaid
Doctoral Degree
2,397 satisfied customers
I am divorced. It was not a contested divorce, and there is
I am divorced. It was not a contested divorce, and there is no alimony or child support (no children). My wife included language that I had to pay back her Dad for a personal loan he got on his own fo… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
29,388 satisfied customers
I'm going through my second divorce. My first divorce ended
I'm going through my second divorce. My first divorce ended in a settlement where I had to pay my first ex wife $10340 (child support and alimony) per month for a period of ten years.My second marriag… read more
Nisha Jones, Esq.
Nisha Jones, Esq.
Juris Doctorate
2,596 satisfied customers
I received the divorce papers from the online divorce whats
I received the divorce papers from the online divorce whats the next step … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
My ex and I divorced in Arapahoe County and the divorce
My ex and I divorced in Arapahoe County and the divorce order was "guaranteed". At the time of the divorce I was a professional making good money. For the last three years, I have been on Social Secur… read more
Olivia Kent
Olivia Kent
Managing Partner
Doctoral Degree
2,867 satisfied customers
My husband filed for divorce. I contested the divorce,
My husband filed for divorce. I contested the divorce, because he has the house, 2 of 3 cars, the business and approximately $30k in cash at home, but he doesn't want to give me anything. I am going t… read more
Ray
Ray
Lawyer
Doctoral Degree
32,134 satisfied customers
I have been divorced for 8 years. In the divorce papers it
I have been divorced for 8 years. In the divorce papers it states that the home me and my husband lived in was to be my property. I didn't get a signature from him signing off for this. I don't where … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I was recently divorced, in the divorce my husband kept the
Hi, I was recently divorced, in the divorce my husband kept the leased car and they did not remove my name, with a clause saying that he would be financially liable. He passed before the lease was up,… read more
Bruce Schreiber
Bruce Schreiber
Juris Doctor
302 satisfied customers
I am a divorced male in Illinois. At the time of the divorce
I am a divorced male in Illinois. At the time of the divorce the wife signed a quit claim deed on the house so that I might try to refinance or short sale the house. The mortgage is in both our names.… read more
INFOLAWYER
INFOLAWYER
Partner
Doctoral Degree
58,097 satisfied customers
I was divorced 2 years ago, and per my divorce agreement my
I was divorced 2 years ago, and per my divorce agreement my ex wife was supposed to take the monthly alimony payments I made to her and pay off our second mortgage in both our names over a 2 year agre… read more
TJ, Esq.
TJ, Esq.
Juris Doctor (JD)
11,335 satisfied customers
This is about a divorce: family divorce counseling I read,
This is about a divorce: family divorce counseling I read, is effective but 38% of those couples still get a divorce. This brings me to a question which you can consider hypothetical, but I want to kn… read more
INFOLAWYER
INFOLAWYER
Partner
Doctoral Degree
58,097 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x