Legal Fees

[Nynaeve]

Hi there,

Many months ago, my husband's ex wife filed with the FOC for reimbursement of past child care and medical expenses.  These were bills that she had never previously mentioned to my husband, some of them going as far back as before their divorce.  

Because there is a time limit on requesting reimbursement, my husband contested it.  He initially lost (in front of the referee), but the judge ruled that she could only go back one year.  After he lost in front of the referee, we were forced to hire an attorney in order to make sure the outcome of the case was fair.

Even when the modified list of bills was submitted, the ex included bills that had not been properly submitted to the insurance company.  She also filed again, requesting enforcement.  Basically she filed for the same money to be paid twice by my husband, plus held the option to later be "reimbursed" by the insurance company.

We had to again use the attorney, and go back to court to hash it out.  It was ruled in our favor, with the ex admitting that she had not properly submitted several of the bills.

Sorry for the lengthy background, here is my question:

1. Since it was due to her lies that we had to hire an attorney, do we stand a chance of making her pay the attorney fees for this situation?  

2.  If so, how do we go about doing that?

Thanks,
Nynaeve

[socrateaser]

>Hi there,
>
>Many months ago, my husband's ex wife filed with the FOC for
>reimbursement of past child care and medical expenses.  These
>were bills that she had never previously mentioned to my
>husband, some of them going as far back as before their
>divorce.  
>
>Because there is a time limit on requesting reimbursement, my
>husband contested it.  He initially lost (in front of the
>referee), but the judge ruled that she could only go back one
>year.  After he lost in front of the referee, we were forced
>to hire an attorney in order to make sure the outcome of the
>case was fair.
>
>Even when the modified list of bills was submitted, the ex
>included bills that had not been properly submitted to the
>insurance company.  She also filed again, requesting
>enforcement.  Basically she filed for the same money to be
>paid twice by my husband, plus held the option to later be
>"reimbursed" by the insurance company.
>
>We had to again use the attorney, and go back to court to hash
>it out.  It was ruled in our favor, with the ex admitting that
>she had not properly submitted several of the bills.
>
>Sorry for the lengthy background, here is my question:
>
>1. Since it was due to her lies that we had to hire an
>attorney, do we stand a chance of making her pay the attorney
>fees for this situation?  
>
>2.  If so, how do we go about doing that?

You file a motion requesting equitable reasonable attorney fees in your favor, on grounds that the other party's affidavits and testimony contain provable lies and that the case was filed frivolously with the intent to defraud the court.

:)