Full question:
My home, property, is protected by a living trust, that was ordered by the court when divorce was finalized.stipulations were that the taxes and homeowners insurance were paid in a timely way each year until my death ., my home burned to the ground recently, and learned that the party responsible for paying the homeowners insurance elected not to pay for the past several years. this is a violation of the original court order. i need help desperately and immediately to legally pursue this matter .
- Category: Contempt
- Date:
- State: Texas
Answer:
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.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.
