If my ex wife did not carry medical insurance as the decree stated, can she be charged with contempt
Full Question:
Answer:
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. A modification generally affects future support payments. Typically, the current default of one party will be taken into consideration in making the modification by stating how any delinquent payments owed will be treated. Past due medical support is often considered part of child support arrearages when calculating amounts owed. The modification is usually made to apply to future payments only and is not retroactive, so that arrearages are still owed. Collection of arrearages may occur separately from the modification. Failure to provide for past due support in a modification will not necessarily void the modification, but may require a clarification by the court.
Certain aspects of the decree are modifiable, while others are not. The property division is not modifiable by the court. It is final. Child support may be modified if there is a significant change of circumstances. A significant change of circumstances may include, among others, a substantial increase or decrease in income, emancipation of a child, or contribution to expenses by another due to cohabitation or remarriage. The court's decision to grant a modification is based on the best interests of the child. If granted, the court will issue an order. When the order is made, the requests in the motion/petition become enforceable.
