How to apply for contempt over refusal to follow decree?

[Crow1]

What is the name of your state (only U.S. law)? Texas

Hi, divorced almost 2 years now, didn't use lawyers as it was fairly peaceful at the time. She's not paying me for health insurance as stipulated on the decree. I have a 2 part question:

1) How do I even begin to file a contempt? The judge signed the decree. Is there a form? Do I NEED a lawyer (sorry, but I don't have a lot of extra money right now)? How is this done?

2) What personal info do I need to provide the ex-wife? She's turned into a stalker (showing up at random parties she wasn't invited to nor knows anyone, sends text messages laughing that my current g/f was in the hospital, etc). I moved and don't want to give her my address (she showed up at my last house a few times). I think the best way to cut the cord is lack of contact. Anyway! She has my email address and we share the same bank. There are plenty of electronic means of her sending me the money, so is there some unstated requirement that I have to provide a mailing address (decree doesn't say anything on this)? I cut off text messages after she kept sending naked pictures, 5 page hate texts, etc. Very toxic!

Appreciate any help, thank you!

 

[Ohiogal]

Do you have children? What is the language regarding medical coverage?

 

[Crow1]

No children, no alimony, no nothing. I, stupidly, agreed to leave her on my insurance if she paid half the amount each month. The stipulation says that I keep her on my insurance, she pays a set amount, for 3 years. Why I did this, I was trying to be nice, but... no good deed goes unpunished.

She's claiming I owe her money for a million reasons (some 2 year old vet bill for the dog or something), so she states she's not paying me until I pay her.

 

[single317dad]

http://www.txcourts.gov/media/514725/TRCP_2014_01_01.pdf

Rule 692 is the Texas RCP relating to disobedience/contempt.

In Texas, you file a Motion For Contempt together with an affidavit and in most cases a proposed Order to Show Cause. Sometimes in my area pro se litigants are given some leeway on providing their own orders and the judge will use a form available to them. I have no idea if a Texas judge will do that for you or if they'll just say "no order was received" and let the case stagnate. In any case, the judge has authority to issue an attachment for the person in contempt (have them forcefully brought to court, not very common in your case) or to issue an order for the person to appear and show cause as to why they are not in violation of the court's order (much more common). Texas' RCP does not mention willful violation as a prerequisite for contempt as many states do, but that's a broad standard for finding a litigant in contempt. That she thinks you owe her money for something else is not a valid defense. Punishments for contempt can range from a stern talking to, to a small fine, to jail time with a purge (pay what she owes to be released).

Here are a few examples of other parties' filings to get you started. DO NOT use these forms as written. Each time you file any form with the court, you have to make the right form appropriate to your own case. No one else can do that for you unless you hire an attorney.

https://www.texasattorneygeneral.gov/newspubs/releases/2006/072706solis_motion.pdf

https://www.h-gac.com/community/waste/enforcement/ecrp/documents/civil/cvl_27_order_to_show_cause.doc (This Word DOC file will require special handling versus a standard web link).

As far as contact, I would limit that severely. With no children, there's no reason you have to talk to her. Give her a post office box or UPS mail drop address to mail her checks to if she insists on paying that way.

 

[LdiJ]

What is the name of your state (only U.S. law)? Texas

Hi, divorced almost 2 years now, didn't use lawyers as it was fairly peaceful at the time. She's not paying me for health insurance as stipulated on the decree. I have a 2 part question:

1) How do I even begin to file a contempt? The judge signed the decree. Is there a form? Do I NEED a lawyer (sorry, but I don't have a lot of extra money right now)? How is this done?

2) What personal info do I need to provide the ex-wife? She's turned into a stalker (showing up at random parties she wasn't invited to nor knows anyone, sends text messages laughing that my current g/f was in the hospital, etc). I moved and don't want to give her my address (she showed up at my last house a few times). I think the best way to cut the cord is lack of contact. Anyway! She has my email address and we share the same bank. There are plenty of electronic means of her sending me the money, so is there some unstated requirement that I have to provide a mailing address (decree doesn't say anything on this)? I cut off text messages after she kept sending naked pictures, 5 page hate texts, etc. Very toxic!

Appreciate any help, thank you!

You are going to file for contempt. She is going to state that she cannot pay you because she does not have your address. Unless you have specifically arranged a method for her to pay you, that is not complicated or inconvenient for her, the judge may decide that you are the problem rather than her.

I would recommend getting a PO Box and giving her that address.