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:
If a court order is not followed, you can file a petition for contempt in the court that issued the order. This petition can request that the court order the noncompliant party to cover the losses caused by their failure to comply. The court has the authority to enforce its orders by holding the noncompliant party in contempt.
If your former spouse did not make the required payments, you can file a motion for contempt. The court will consider all relevant facts and documents to make a determination. Additionally, you may prepare a Judgment on Rule for Contempt, which is a judgment ready for the judge's signature, to facilitate the court's decision-making. Remember to file a certificate of service with your 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.