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Tuesday, April 26, 2011

Q & A on Court Order Compliance

"The other party is not following the current court order, what can be done to make he/she comply?"

This is a very difficult question to answer, in that it would depend exactly what the violation of the order is.  Issues involving support can usually be remedied by the filing and service of a wage garnishment.  However, issues involving custody can be more difficult.  Is a parent not releasing the children to you for your visits?  Well, certainly you can call the police to assist with the transfer.  However, often that is not good for the children.  Contempt of a Court Order can be filed.  However, this is usually a relatively long and expensive process that does not produce the desired result.  Again, it truly depends upon the situation.  Many times, a violation of an order merits a trip back to court to modify the order in a way to force the other party to comply.  For example, if the children are not being turned over to you, picking them up directly from school at times resolves this or the exchanges can occur at a supervising agency, which can cost the violating parent money each time an exchange occurs.

There are times that a parent violates the legal custody section of the order, making changes without consulting the other parent.  Which again can be remedied, but will depend upon the type of violation, the frequency and the ability to make changes to the order to compel the other party's compliance.  A consultation with an attorney will usually provide you with various options to try and curb the bad behavior.  One word of warning, before you plan on undertaking a remedy make sure you're in compliance with the same Court Order.  You case will not go far, if you behavior is not better than the other parent.

For more information regarding California Family Law contact Stone Law Group at (559) 226-1910.

Wednesday, April 13, 2011

Insurance Policies During Divorce

Am I obligated to continue to pay for the other party's insurance costs after I file the Summons and Petition for divorce?

On the back side of the Summons, it specifically states exactly what restraint a party is under 1) when they file the Summons and Petition; or if they are the responding party, 2) when they are served with the Summons and Petition.

In that document it states that neither party is to cancel insurance for another party during the pending action.  That essentially means that up until the time a party receives the date of termination of status as stated on the the Notice of Entry of Judgment, they cannot terminate insurance coverage for the other party.

There are times, however, that folks lose their jobs, and by virtue of that, their insurance coverage.  That is unavoidable and would not necessarily be the active "canceling" of the other party's insurance coverage.

The basic point is that during the divorce process everyone is given time to make arrangements for their own upkeep, care and support.  No one should be surprised with sudden changes to insurance policies, which could be very costly.

For more information regarding California Family Law contact Stone Law Group at (559) 226-1910.