What Can I Do if My Ex-Husband Violated a Court Order and Changed the Health Insurance on Our Child?
Generally, a hospital, because it is not a party to a divorce decree, does not consider itself bound by the terms of a divorce decree and will pursue collection according to the papers signed with the insurer and the hospital. If the husband violated the orders regarding insurance payments, then it will likely be a contempt matter for the court in the divorce case. If he is in violation of a court order, a motion for contempt may be filed.
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 make 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.