Can I still file contempt?


#1

My stbex and I have a temporary order in place for child support (I have posted a question on here about it before actually, Thanks again for the help then!). According to the calculation spreadsheet, I pay $488 per month which includes half of our son’s day care and $100 for half of his health insurance which she is responsible for providing for him. When we went to court in September of last year, she requested that she provide insurance for our son. I had no objection to that as long as she actually got him the insurance. She and her lawyer assured me she had already gotten a quote and he would be covered within a month. Well, that was four months ago… About two months ago she me a letter from her insurance provider stating he was not approved for insurance coverage through them; she then told me that she had exhausted every available option in finding him insurance and decided to get him medicaid. Well, during all the time that she was “exhausting every available option” I also looked for my son insurance and got him quotes and approvals for several different providers, obviously she only tried the one place and then decided to just get free insurance and take my money. (During this time, she also made claims about not being able to afford certain things for our son but she bought a brand new car and is living rent free at her parents and makes about $500 more than me a month and I just found out that she lied on the application for medicaid because her income is far more than the maximum income allowed for medicaid.) I ok with my son being on medicaid (as long as she is being honest on the application), but I am not okay with him being on medicaid while I am paying for him to have insurance so I sent over a letter to her attorney stating they needed to change the consent order in place to exclude the $100 per month I am paying for insurance or I would be forced to file for contempt since she is not following the order. That same day, my ex applied for and got approved for insurance for my son with BCBS but the monthly premium is only $98.32 so I am paying for the full amount of his insurance. I wouldn’t mind this so much if my ex had not taken complete advantage of me so far and I can’t even afford to eat off the dollar menu while my ex is taking trips every few weekends, buying a new car and partying it up every weekend. My question is this… Since she purposly disobeyed a court order for four months and now has insurance that is far less than what we had originally agreed to so she technically still isn’t following the order exactly, can I still file contempt?

Sorry for the book!

Thanks!!!


#2

Also, I have been using a lawyer (gave every dollar I had a couple of months ago) and he sent me a statement saying all my money had been used and is asking for more money and won’t help me with anything until I pay him. I completely understand his position, but I also understand that I do not have $2500 to give him. If I had that kind of money in my pocket I would not be concerned about paying for my son’s insurance by myself. I am on unemployment and can barely pay for gas and food every week with all the CS I am paying. Do you know of any places that offer help to people who cannot afford to pay 20k on a lawyer? I have LOTS of questions right now because my son’s mom is doing a lot of crazy stuff right now but I don’t really have anyone to ask besides this forum and you would probably kick me off your website if I posted all the questions I have… ha. I just need advice. Everything that has been filed, I have done it myself and everytime we needed to call the child support office or the family court office I have called or gone up there myself instead of making my lawyer do it, so I’m okay with doing my own legwork, I just need someone I can ask what step I need to take next. Thanks for all of your help! Your forum is amazing!


#3

The proper action would be to set a hearing for permanent child support and seek an adjustment based on her failure to get insurance earlier.


#4

In the event we go back to court for a permanent hearing, how likely is it she will be required to pay back the $400 I paid her for insurance during the months she refused to provide insurance for him?

Also, could I create a new consent order without the help of a lawyer and just include the new insurance price in it just to see if they would be willing to sign it without going back to court?

Thanks again!


#5

I cannot predict whether the judge will order her to reimburse you for the $400, but would suggest you bring it to his/her attention for consideration.
You may create a proposed order in an attempt to settle the issue without going to court.


#6

Awesome! Thanks for your help!
If I decide to write up a new consent order to see if they will settle this out of court, can I go ahead and include the payback of the $400 in the consent order? Can things like that be included in a consent order? I mean, they probably won’t sign it anyway, but if it saves everyone money and time instead of going back to court I am willing to try it.


#7

Yes, you may include that in the proposed order.


#8

Awesome!

Thanks again for all of your help! I really appreciate all the advice you offer!


#9

You are most welcome. I wish you all the best.