How Can I Get My Ex-Husband to Pay for Insurance Ordered in the Divorce?
Full Question:
Answer:
It is possible to file a motion for contempt based on failure to make court-orderred payments for insurance and to ask for modification of clarification of the parenting plan in regard to the dropoff point. When a court order isn't followed, a petition for contempt may be filed in the court that issued the order. A request may also be made to have the court to order the noncomplying party to pay for the losses caused by the failure to comply. The court retains continuing jurisdiction to enforce its orders by holding the noncomplying party in contempt of court.
If the former spouse fails to maked required payments, it is possible you may file a motion for contempt, and then it will be a matter of subjective determination for the court, based on all the facts and documents involved. A party may also file a Judgment on Rule for Contempt, which is a prepared judgment ready for the judge to sign, to further the court's ease in making a determination. A certificate of service is filed along with the petition to prove that the petition was served on the opposing party.
A court may grant a motion for a modification of a divorce decree when the parties consent to the modification or when a significant change of circumstances justifies the modification. Certain aspects of the decree are modifiable, while others are not. The property division is not typically modifiable by the court. It is final. The parenting plan may be modified if there is a significant change of circumstances. It will be a matter of subjective determination for the court, based on all the circumstances involved. The overall deciding factor for the court is the best interests of the child.