We will be divorced for six years in July.I am told he is in contempt of court because he has no life ins.policy taken out with me as the beneficiary as stated in our divorce decree.Do I need a lawyer?
Someone is in contempt of court when a judge declares them to be in contempt of court.
If your divorce decree ordered your ex-husband to maintain life insurance to your benefit, and he has not done so, or else has let the policy lapse over the years, the appropriate course of action is this:
1. Write a letter to him that reminds him of his obligation, indicating that you will take legal action if he fails to get it done.
2. If he does not do it, then you can make a motion to the court to COMPEL him to do it. This essentially is the same as #1, except it is the court reminding him of his obligation.
3. If he still doesn't do it, then you can make a motion to the court to find him in CONTEMPT. This is a big deal, as he could be fined or even put in jail for failing to follow a judge's direction.
A judge is unlikely to be interested in your first motion if you have not done step 1. He is similarly unlikely to be interested in your second motion if you have not done step 1 and step 2. It is very possible, even likely, that a judge will award you some attorney's fees as part of his decision if your ex has truly been ducking his obligation.
You can do step 1 on your own, but if you don't get any satisfaction after 30-45 days, then I would strongly consider hiring a lawyer.
Good luck with your situation. If you believe you may wish to hire a lawyer to help, please feel free to contact me. DISCLAIMER I am a lawyer, but I am not your lawyer unless you come to my office and we sign an engagement agreement. The answer provided here is for general purposes only, and does not presume to correctly address your particular circumstances. My answering this question does not create an attorney/client relationship.
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