If you think thatyour ex-spouse isnot complying with a court order, what can you do?

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If you think thatyour ex-spouse isnot complying with a court order, what can you do?

Our separation agreement requires both parties to maintain life insurance for the benefit of the kids. There are other items also which are the same situation. I do not believe my ex-wife has this policy in place as I have been requesting documentation for the last 2 years and she had not produced the documentation. I cannot prove that she does not have this policy. I need the court to require her to show she has insurance in place and has had it. Is contempt of court the correct process?

Asked on March 26, 2011 under Family Law, Colorado

Answers:

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

Answered 11 years ago | Contributor

So you and your spouse entered in to a separation agreement that became incorporated in to the divorce, correct?  And it was ratified as part of the court's order when you divorced, correct?  Then yes, if your spouse is not in compliance with the court order she is in contempt of court and you would bring an action based upon that.  But you are going to need more that a "belief" I think to do anything here or for the court to find her in contempt.  I guess that you can instead bring an action to compel her to produce a copy of the documentation under the guise that you need to have the information should something happen to her as you would then be the only legal guardian of the children at that point in time.  Good luck.


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