Full question:
I got a divorce and my ex husband was suppose to provide a life insurance policy listing me on the policy for my daughter within thirty days of our divorce - it has been three months. I asked him about it he said he can't afford it but his attorney prepared it I didn't have and attorney. Also I have moved and I asked him to meet me at a new half way point and he won't he said he don't have the gas so I drive over an hour more than him because I moved what can I file in court to get the life insurance that was already ordered and to get a new half way point of drop off for my daughter so that I am not driving the furthest?
- Category: Contempt
- Date:
- State: Florida
Answer:
It is possible to file a motion for contempt based on failure to make court-orderred payments for insurance and to ask for modification of clarification of the parenting plan in regard to the dropoff point. 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 maked 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.
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. Certain aspects of the decree are modifiable, while others are not. The property division is not typically modifiable by the court. It is final. The parenting plan may be modified if there is a significant change of circumstances. It will be a matter of subjective determination for the court, based on all the circumstances involved. The overall deciding factor for the court is the best interests of the child.
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.
