What to do if my husband is not paying my heath insurance as ordered by the court?

My ex-husband was ordered to pay my health insurance for 3 years beginning at the time insurance is acquired. I’ve applied several times and he failed to pay. He has been found in contempt for not paying, but I do not have a final judgement. I have filed a copy of the premium amt filed with the clerk. My hearing is next week. Can the judge issue a judgement in the amount of what the premium is for the 3 years so that I can either have it payroll deducted or garnished from his wages?

Asked on September 14, 2011 under Family Law, Florida


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

It is commendable that you have followed through with the issue and filed the necessary paperwork to hold him in contempt.  A court can not award a judgement that is not in some way proven.  By that I mean, is the premium amount that you are presenting to the court the amount for the three years or is it for only one year?  If it is for one year are you asking the court to multiply the amount by three to obtain the final amount?  are you sure that you will not be short changing yourself if the premium goes up?  What he may argue is that the premium may go down and he is being over charged.  But for a sum certain you can ask for a judgement and yes, you can execute on the judgement as the law allows.  Good luck.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.