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

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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

Answers:

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

Answered 10 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.


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