Violation of Consent Order

#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 When I recently visited my doctor, I learned my insurance was no longer active.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