Legal Question in Family Law in Virginia

Contempt of court - what can I do?

My ex-husband and I have been divorced for 4 years. He had our divorce papers written and I did not contest. In our divorce papers it was stated that he was responsible for keeping medical insurance on her and that we were to split the bills not covered by insurance 50/50. In addition, we had one joint bill that we were to split 50/50 and each pay $100 a month. Since then, her father lost his job and therefore his insurance. I picked up insurance on her and even though he got a new job which offers insurance, he has not added her and I have provided her only insurance since Oct. 2002. He is several months behind on his portion of her medical bills - I have continued to pay 50% of those bills. Also, he is now several months behin on the joint account. I have since paid in full my 50% of the total bill. Is this not contempt of court? Is there anything I can do myself without having to go through and pay for an attorney? Or is that my only option?


Asked on 9/02/05, 1:24 pm

2 Answers from Attorneys
Fred Kaufman Fredrick S. Kaufman, Esquire

Re: Contempt of court - what can I do?

Your only remedy for his failure to do that which he was ordered by a court to do is to Show Cause him for contempt of court for disobeying a court order. File a Motion to reopen the divorce case and cite as your reason the need to show cause him. Once the judge grantds the motion to reopen then file a Show Cause Motion which states what he was supposed to do and state the fact that he hasnt done it, and states what you have spent on his behalf. Then call the clerk to set a hearing date. On the hearing date present the evidence of his order, his failre and what it cost you. The Judge will award you back what you have spent on his behalf, and tell him that if he doesnt shape up hes going to jail.

Many people do this with a lawyer but one is not absolutely necessary. If you do hire a lawyer, he would have to pay your attorneys fees if found in contempt.

Good luck.

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Answered on 9/02/05, 9:27 pm
Michael Hendrickson Law Office Michael E. Hendrickson

Re: Contempt of court - what can I do?

If your former spouse has not responded to your formal demand for payment, your only alternative(other than to keep paying the bills yourself) is to have papers filed to reopen your divorce case and to have him brought in on contempt.

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Answered on 9/02/05, 2:14 pm


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