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Ely
Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 87064
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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I have a marital settlement agreement signed by both parties

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I have a marital settlement agreement signed by both parties and the judge in california back in 2008. My ex spouse is not abiding the MSA by stopping paying my health insurance and also stopped paying for my vehicle. Would this be considered Contempt of Court?
Submitted: 3 years ago.
Category: Family Law
Expert:  Ely replied 3 years ago.
Hello,

Welcome to JustAnswer and thank you for the opportunity to assist you. Please remember that there might be a delay between your follow up questions and my answers because I may be helping other clients or taking a break.

Technically, yes. The MSA have become standing orders in your case, and if she is refusing to follow it, it is indeed enough to file contempt on her should you wish to do so.

I hope you found my answer helpful, and if so please click on the ACCEPT button. This is the only way for me to get credit for my work; I receive no credit for my time with you unless you press ACCEPT.

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Customer: replied 3 years ago.
Actually, it is my ex husband who stopped paying my car payment and also my health insurance. The judge in our court is stating contempt of court is only if he isn't paying the ordered child support and/or alimony. There is neither in this case, just the heath insurance and car payment. what else can I charge him with if he isn't abiding by a court signed msa if I can't charge him with contempt?
Expert:  Ely replied 3 years ago.
Oh, well I was using "she" as a generic term.

When did the Judge tell you this - did you already attempt to petition?
Customer: replied 3 years ago.
yes I did today and the judge said there was some kinda law passed in the 70's that states contempt of court is only if your not paying child support and/or alimony. This is ridiculous because everything I look up on contempt of court states Contempt of court refers to any willful disobedience to, or disregard of, a court function or order.
Expert:  Ely replied 3 years ago.
I am in agreement because I do not know know of such a law.

A party subject to a valid court order who, with knowledge of the order and the ability to comply, fails to comply with the terms of the order is subject to a contempt adjudication and statutory contempt penalties (Ca Civ Pro §§ 1218 & 1219). As an enforcement remedy, exercise of the contempt power enables the court to compel compliance with its valid orders.

So if the Judge disagreed, I would appeal this decision to the appellate division and try to get it reversed - this is what has to be done.

I hope you found my answer helpful, and if so please click on the ACCEPT button. This is the only way for me to get credit for my work; I receive no credit for my time with you unless you press ACCEPT.

If you still need to clarify something or seek more information, just use the INFO button and I’d be more than happy to follow up to your satisfaction! There is no fee for follow up questions before or after an accept, should you wish to continue in the thread, and I encourage you to do so should you need clarification!

While the legal system tries to be inclusive of every possibility, sometimes, people are morally wronged but have limited legal avenues to seek relief. If so, please understand that this is not the expert’s fault, but the way of circumstance.

If you feel that I went an extra step to help, a bonus is always appreciated!

You can always request me for a future advice through my profile at http://www.justanswer.com/profile.aspx?PF=7286322&FID=7 If you do this, make sure to begin the question with “This Question is for Eli…”
Customer: replied 3 years ago.
Is there anything else you know of that I can charge him with on this besides the contempt of court? or is that what you would also charge him with if I or anyone with this same situation came to you to have you
represent them?
Expert:  Ely replied 3 years ago.
No, this would be it. You cannot charge him with anything else, really.

You could try to technically sue him for breach of contract, but the civil court would likely to remand this back to family court, I am afraid.
Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 87064
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
Ely and 7 other Family Law Specialists are ready to help you
Customer: replied 3 years ago.
Ok thanks so much for your help. I appreciate it :-) have a great day.
Kim
Expert:  Ely replied 3 years ago.
You're very welcome. Good luck, and please don't forget to press ACCEPT - it's the only way I get credit for my time with you.

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