Violation of Consent Order

North Carolina Divorce Law Divorce and Separation Answers
#1

One of the agreed upon items on our consent order is that my spouse will keep me on their insurance until time of final divorce. When I recently visited my doctor, I learned my insurance was no longer active. Turns out that it was terminated in January. I contacted my attorney who is now retired and he said it was too cost prohibitive to sue, even though I was well within my rights to do so. Is a lawsuit my only option to get this enforced? If so, can I not also sue for attorney’s fees / court costs? What are my odds of getting that included?

It seems pretty clear to me - the requirement was clearly stated in the agreement and it has been broken. However, I have learned that legal matters are rarely as cut and dry as they may seem.

Thank you for any information you can provide.

#2

Yes, you can file a contempt motion (a motion and order to show cause) for the violation of the consent order, and this is the only remedy available. You can also include in your motion to have the court award you the attorney’s fees, costs and expenses associated with having to bring the motion before the court. It is quite possible that you would be awarded attorney’s fees and costs but it depends on the judge and the facts of your specific situation and contempt issue.

Check out our detailed article on this issue, Violating a Court Order: What You Need to Know

#3

Our consent order for ED states that the marital house should be listed for sale by certain date but my spouse who is living in the house is not willing to move out and put the house on sale by that date. What are my options he violates the consent judgement?

#4

If he is not following the consent order as the consent order states, then you will need to file a contempt motion (motion for order to appear and show cause) against him.

If the judge determines he’s in willful contempt (meaning he has had the ability to follow the court order but has chosen not to), then the judge can fine him or put him in jail until he decides to comply.

Anna Ayscue

Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest

Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.