Do I have any recourse if my husband’s lawyer has not filed paperwork he was ordered to by the due date?

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Do I have any recourse if my husband’s lawyer has not filed paperwork he was ordered to by the due date?

He was ordered to file a judgement which was just to be a legalese version of our mediation agreement. He has not filed by the date ordered and I am now paying a huge health insurance premium alone because I can’t pursue his portion until the judgement has been signed.

Asked on August 23, 2011 Maine

Answers:

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

Answered 10 years ago | Contributor

When you say that he was ordered to file the paperwork do you really mean that your husband's attorney was ordered or your husband was ordered through his attorney to file it?  If there is an actual order then you can file a motion for contempt if the paper work was not filed by the due date that the court set.  A motion for contempt is a very strong set of papers.  Judge's do not like it when some one goes against their order and they tend to sanction the parties that do so. IF you have damages (the health insurance premium) because of their contempt of the order so state in the papers and ask for some kind of award based upon that.  Good luck.


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