TRO / Am I In Trouble????

[pestor]

I'm a year into the process. Last July my auto insurance policy was up for renewal. I simply did not have enough money to renew the policy. I needed about $400. I didn't have it. I didn't pay it. I did find another company and obtained ins. on my (1) vehichle only. Cost was $65. Anyway, the prior ins company cancelled my previous policy after 30 days no payment.
My stbx just called and said she filed Contempt of Court on me, and that I should expect the paperwork soon.

Am I in trouble????

FAMILY.CODE
SECTION 2040-2041



2040.  (a) In addition to the contents required by Section 412.20 of
the Code of Civil Procedure, the summons shall contain a temporary
restraining order:

   (3) Restraining both parties from cashing, borrowing against,
canceling, transferring, disposing of, or changing the beneficiaries
of any insurance or other coverage, including life, health,
automobile, and disability, held for the benefit of the parties and
their child or children for whom support may be ordered.

[joni]

did you have to carry the auto insurance on her car too?  if you did and your renewal didn't cover her car, then yes, you'd be in contempt.

if you did not have to cover her and you just renewed with another company, then you'd be fine.  bring ALL of the paperwork to court with you.  I would also get a current coverage statement from your new auto insurance to show that you have coverage the day of court.  

are all your other insurances covering the kids intact like health insurance and life insurance?

[pestor]

The prior policy carried 3 cars. Two of them were hers. Last April, she called the ins co. behind my back and added full coverage to the one she drives primarily. $1600 annual. When the policy was up for renwal, I told her I couldn't afford it.
She said she wasn't going to pay my $800 insurance policy.
I consulted mt atty, he thought I'd been paying her ins long enough and that if I were to leave that policy to expire, the company would be the one cancelling the it, not me.
We were married for 4 years, separated 1 and a half. We both worked full time.
I have to ask. She new the policy was up for renewal. She new I coulnd't pay it, yet she waits 2 months, then has a problem with it.

[joni]

it don't matter....status quo means to keep everything the same.  

technically, she was the one who changed the status quo by ordering more insurance.  you need to get the documentation from your insurance company about her calling there in April and increasing the insurance coverage.  you need this to cover your ass.

to keep yourself out of trouble, you need to provide the same type of coverage that you had when the judge ordered the status quo.  as long as you have that with the new company, you should be OK although the judge may be pissed becuase you went to a new company.

[wendl]

what state are you in

In WA State if the carrier knows that the other adult is OUT of the household they will want a seperate policy, one for each household and only the cars in that household are on the policy.


**These are my opinions, they are not legal advice**

[gipsy]

My order stated that she pay her own insurance , During the divorce , I think you have a legitimate argument that she upped the coverage , And you could not afford the rates , And she will pay a bunch in atty fee's to try to enforce this . And I would tell your atty to ask for atty fee's for haveing to respond , becuase she upped the insurance ,
  Primarily she may be just Bluffing , My atty told me " untill you get the papers don't worry . You may be able to try your  court website and get into the search. type your name in domestic , Or family laW  , And see if it were filed ,
 I have been through all this , And IF this gets before a judge and you show she upped the insurance to a higher rate , I don't see the judge doing any thing , It's just going to cost you atty fee's ,
  My sicko filed contempt because i never paid  her spousel maintenance , Wich I was appealing . And by the time it was over it costed court fee's and  I had to pay a reduced amount of 900$ We were married short term  Also , If there is not much real estate or money involved just settle and get on with life , I dumped 100K In equity to get rid of her , I should have took it too trial . But then one of the judges had a heart attack , So it would have been rescheduled , So WTF , Sometime its better to settle and get on , But Not if there are kids involved , You may have to fight her for those kids ,