legally is this harassment and what could i do about it.
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legally is this harassment and what could i do about it.
my ex-wife keeps threatening me with taking me to court to to get back-
support but had agreement of no child support when i signed house over to
her. Have 20yr old and 16yr old children.She lives in PA we both lived in PA
but I live in CT. We legally have 50/50 from our divorce in 2010 but she has
numerous times refused for them to come stay with me or even visit me. She
makes about 90K a yr and i make between 30-50K depending on job, yet she
wants me to pay more than just signing over the house the house was agreed
to by my child support. Now she wants money again and is threatening to
take me to court once again because she wants me to fill out my daughters
FAFSA using my information eventhough she has never lived with me in the
last 9 yrs. So with these continued threats of lawsuit is this legally considered
harassment?
Asked on July 10, 2019 under Criminal Law, Pennsylvania
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
Whether a lawsuit is fair or not, it is not illegal harassment to threaten a lawsuit if it is done because the person has a good faith belief (even if she turns out to be mistaken) that the suit is justified or warranted. Lawsuit threats are only illegal harassment if they are brought not to try to in good faith get what the lawsuit is for, but for a purpose outside or beyond the lawsuit--such as to pressure the defendant in regards to something else (e.g. threatening a lawuit for child support to force a former spouse to agree to hire the ex-spouse for a no show job) or if the person threatening the lawsuit knows that the suit is "frivolous" (no legitimate basis).
So if your ex thinks that you should fill out the FAFSA or that it would be legal and beneficial for you to fill out the FAFSA, these threats of a lawsuit would not be harassment, because she has a good faith belief she is entitled to what the suit would be for.
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