QUESTION
What can be done if we have temporary court order for divorce and husband is not paying what he is supposed to pay?
Asked on Nov 04th, 2012 on Divorce - Florida
More details to this question:
The temporary order said husband has to keep paying and not changing auto insurance policy. I found out my auto insurance was cancelled without any previous notice. I emailed him and he said he is two month behind and he didn’t cancel himself. I don’t know how to make him to pay? Or can I get the money back from him later how? Lawyers from him or me had withdrawal and now both are self represented. I have the court day scheduled at the end of this month for giving me the trial date. What should I do?
11 ANSWERS
Dennis P. Mikko
If he is court ordered to pay and is not, he is in violation of the court order and this is contempt. You can file a motion asking the court to hold him in contempt. Since you need insurance to drive your car, if you have paid for it, ask the court to order him to reimburse you.
Answered on Nov 09th, 2012 at 5:45 AM
You need to file a petition and order to show cause for contempt because he's not obeying the temporary orders of the Court by allowing your insurance to lapse for non-payment. Attach a copy of the e-mail from him and get a written notice from the insurance company (they can send an email too). Set the show cause for the same date and time as the pretrial (in an order) and deliver it (with the petition) to the Judge to sign. After the order is signed, serve copies on him and Friend of the Court (if you have kids) and keep one for yourself (also make an extra for the Judge). At the pretrial, start with the show cause and then ask for the Court's help in getting the insurance reinstated and or ask for a default so you can proceed to enter a judgment (which you should prepare in advance and take to the pretrial hearing.
Answered on Nov 08th, 2012 at 5:04 AM
Divorce/Family Law Attorney serving Carlsbad, CA
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Anne B. Howard, A Professional Law Corporation
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Find an attorney to help you with the trial and filing motions on a limited scope basis if you are short of funds. He is in contempt of a court order.
Answered on Nov 06th, 2012 at 11:38 PM
Alternative Dispute Resolution Attorney serving Coral Gables, FL
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Robert J. Merlin, P.A.
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File an Emergency Motion to Enforce and for Contempt asking the judge to order your husband to immediately reinstate your insurance and to find him in contempt for willfully violating the court's order. My guess is that he is taking advantage of you because you no longer have an attorney.
Answered on Nov 06th, 2012 at 4:42 PM
You need to bring a motion to inform the court of what he has done. You should consult a family law attorney to determine if contempt should be sought against him for violating the orders.
Answered on Nov 06th, 2012 at 4:40 PM
I would ask the Court for assistance immediately. Even if nothing happens immediately (ie: the court waits until the end of the month), you have it on record that your ex has failed to abide by the Court's Order and the Court may bring sanctions against him for his violation of it's Order.
Answered on Nov 06th, 2012 at 4:28 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Hire and attorney, you husband must be compelled to follow the Courts order but that will not help you if your have a claim or accident, therefore you should also get the car insured now.
Answered on Nov 06th, 2012 at 4:27 PM
Mediation Attorney serving Bloomfield, NJ
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Cassandra T. Savoy, PC
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The court ordered him to pay, and only the court can enforce its order.
Answered on Nov 06th, 2012 at 4:02 PM
Criminal Defense Attorney serving Deltona, FL
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R. Jason de Groot, P.A.
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File a motion for contempt for failing to pay what was court ordered. It will give you an advantage at trial.
Answered on Nov 06th, 2012 at 3:41 PM
You can file an emergency motion for a hearing for an order of Contempt requesting sanctions, attorney fees, if you retain an attorney, and past amounts that should have been paid.
Answered on Nov 06th, 2012 at 3:41 PM
Family Law Attorney serving West Bloomfield, MI
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Law Offices of Eugene Lumberg and Eric S. Lumberg
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If there are orders in place and they are not being followed, a lawyer will file a petition for show cause. The other party will have to explain to the Judge why he/she is not following the previous orders. The Judge can sanction the offending party and order other remedies.
Answered on Nov 06th, 2012 at 3:41 PM