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Dave Kennett
Dave Kennett, Lawyer (JD)
Category: Legal
Satisfied Customers: 27686
Experience:  25 years experience in general law, including real estate, criminal, traffic, and domestic relations
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Can I be held in contempt of a previous order A new custody/support

Resolved Question:

Can I be held in contempt of a previous order? A new custody/support order was issued and now my exhusband is going to try and hold me in contempt of the pre-existing order. We live in Ohio and he wants to contempt me for not carrying medical insurance, but the decree states I am to carry it as long as it is available to me at the same reasonable rate and I lost my job.
Submitted: 3 years ago.
Category: Legal
Expert:  Dave Kennett replied 3 years ago.

Hi Customer. Thank you for asking your question on JustAnswer. The other Experts and I are working on your answer. By the way, it would help us to know:

-Is this requirement contained in the new order?

Were any medical bills incurred as a result of the lost coverage?

Thank you again for trusting us with your problem. Please reply as soon as possible so that we can finish answering your question.

Customer: replied 3 years ago.
In the new order, I have custody and he has to carry the insurance on her.

While I didn't have coverage, he carried insurance on her and is going to try and get me ordered to repay him.

As for medical bills, we are going rounds about that too. He got braces for her over 3 years ago and has never shown me or given me a copy of the receipt and according to the court rules, he had 30 days to provide me with a copy or he assumed full responsibility for the entire amount.

He is mad because I filed for child support and he told my daughter "if I am going to mess with his paycheck, he is going to mess with mine."

Also, since he never showed me the bill for the braces, can I sue him for everything I have paid him thus far for them since he didn't follow the court rules?
Expert:  Dave Kennett replied 3 years ago.

Dear JACUSTOMER - If your order to carry insurance state that it applied only if you were able to get insurance then you cannot be held in contempt for not having insurance once you lost your job. As far as suing each other for all these various expenses, I seriously doubt that the court is going to order any return of monies already paid if they were pursuant to the court order. I also believe he will have a difficult time getting paid for a 3 year old bill which was never submitted according to the terms of the decree.

 

The courts can generally tell when a party is filing a motion out of spite and based on the facts presented it would seem that that is the case in this situation. It would only compound the problem if you started to file similar motions to get a return of money paid according to the decree. If think I would just argue against his contempt claims and not make yourself look like him being out for revenge.

 

Dave Kennett

Customer: replied 3 years ago.
He has already told me he is filing the motion as I said...when I go to court, do I need to take any precedents with me? I have been in court before (small claims) and the judge asked me for precedents to back my argument.

I understand your point about suing, and I will follow your advice.
Expert:  Dave Kennett replied 3 years ago.

This has nothing to do with precedent. It is simply facts. If the order said you had to maintain the insurance so long as it was affordable or available and it was not affordable or available then there was no contempt. That should be your defense.

 

Dave

Dave Kennett, Lawyer (JD)
Category: Legal
Satisfied Customers: 27686
Experience: 25 years experience in general law, including real estate, criminal, traffic, and domestic relations
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