QUESTION
Is she in contempt of court for taking me off the family medical when the court orders otherwise?
Asked on Sep 01st, 2012 on Divorce - Oklahoma
More details to this question:
In April of 2011, I filed for divorce against my estranged wife. I tried to be civil and hired an attorney to mediate between the both of us. She refused to talk with him and retained her own attorney. I received her petition and was required to deliver a financial disclosure and my attorney demanded the same, since it was my desire that we just take what we owe and go. In July 2011, I surrendered the financial disclosure one day after it was demanded. She has yet to surrender her petition to my attorney and her attorney refuses to return calls. Since she did not surrender her disclosure at that time will I be liable to pay any additional increase in finances that she run up since that time.
14 ANSWERS
Leonard A. Kaanta
Yes.
Answered on May 22nd, 2013 at 5:01 AM
Mediation Attorney serving Bloomfield, NJ
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Cassandra T. Savoy, PC
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Yes.
Answered on May 22nd, 2013 at 4:14 AM
William C. Gosnell
Yes.
Answered on May 22nd, 2013 at 4:14 AM
Personal Injury Attorney serving Pacific, MO
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Melvin G. Franke
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The two questions are different. It is not possible to give informed advice on the second question. It is not legal to terminate your health insurance.
Answered on Sep 13th, 2012 at 8:05 PM
Family Law Attorney serving Temecula, CA
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Landon Rainwater Robinson LLP
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If you have are paying an attorney you should be asking these questions to your attorney. However, in California ATROs are summarized on the back of the summons of a petition for dissolution. They become immediately effective upon the plaintiff when he or she files the action and upon the defendant upon the service of a summons and remain in effect until the final judgment is signed by the court. When a divorce action (or a legal separation, nullity or paternity action) is filed and then served, it may include an ATRO. In general terms, ATROs are mutual court orders that prohibit either spouse from: selling, transferring or borrowing against property borrowing or selling insurance held for the other spouse modifying beneficiaries on policies (health insurance, life insurance, retirement accounts, wills, etc.) changing bank accounts destroying or hiding assets. In other words, an ATRO prevents either party from changing the financial status quo of the marriage once a divorce action begins. If your spouse has violated any of the ATROs your attorney needs to take action.
Answered on Sep 07th, 2012 at 3:47 PM
Criminal Law Attorney serving Fremont, CA
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Steven J. Alpers, A Professional Corporation
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You need to talk to your lawyer about these issues.
Answered on Sep 07th, 2012 at 3:44 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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She has to follow any orders of the Court, as do you. Failure to do so is contempt. Use the attorney you hired to answer the rest of the questions, as that attorney knows the facts and can give the best answers. If you are not happy with your attorney seek a second opinion, and if you are still unhappy, replace your attorney.
Answered on Sep 06th, 2012 at 1:51 PM
Removing you from the insurance is a violation of the standard restraining orders if it was done after you filed. You can pursue that as contempt if you wish. Any debts that she has incurred since your separation are hers and you are not liable for them.
Answered on Sep 06th, 2012 at 1:51 PM
Business/ Commercial Attorney serving Seattle, WA
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Wolfstone, Panchot & Bloch, P.S., Inc.
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Without more specific information, your questions cannot be answered. Given the passage of 18 months from April 2011 to the present, I suspect that there have been many developments not reflected in your question. You should direct your questions to your attorney.
Answered on Sep 06th, 2012 at 1:50 PM
Alternative Dispute Resolution Attorney serving Coral Gables, FL
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Robert J. Merlin, P.A.
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Debts incurred after the date of filing are hers, unless they are incurred for "family" purposes. If she has not given you her discovery, your attorney should file a Motion to Compel, which will be granted and will give your wife a deadline by which she must give you her discovery.
Answered on Sep 06th, 2012 at 1:50 PM
When you are represented by Counsel, it is always best and advisable to discuss this matter with your attorney. That is what you are paying for.
Answered on Sep 06th, 2012 at 1:50 PM
Criminal Defense Attorney serving Deltona, FL
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R. Jason de Groot, P.A.
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You already have an attorney for this. Follow that attorney's advice and do not expect other attorneys to answer whatever questions come up during the divorce.
Answered on Sep 06th, 2012 at 1:49 PM
Steven D. Dunnings
If you have an attorney, you need to talk to him/her.
Answered on Sep 06th, 2012 at 1:48 PM
Talk to your lawyer.
Answered on Sep 06th, 2012 at 1:47 PM