Can a judge issue an ex parte order?

However, states and individual judges vary on whether certain conduct will result in an ex parte order. For example, some judges may issue an ex parte order based on non-payment of child support, truancy or not abiding by a recently made order while others will not.

When does a spouse need to enforce a court order?

A spouse may need to enforce a court order if the other spouse is not complying with a material provision of the decree. For example, the other spouse may not be paying spousal support or child support.

Can a family law judge request income from an ex-spouse?

Some examples of extraordinary cases are the ex-spouse’s unemployment, underemployment, or reliance on the new spouse’s income. In those cases, the family law judge would request income information from the new spouse for further consideration of the child support calculation.

Can a former spouse receive a court ordered benefit?

If a court-ordered benefit for a former spouse will prevent a spouse from receiving a benefit that is sufficient to meet anticipated needs, you may want to provide an insurable interest benefit for your spouse. In order to elect the insurable interest benefit, both you and your spouse must jointly waive the benefit which could be elected as spouse.

What happens if I get an ex parte custody order?

However, you’ll need to review your state laws for the requirements for the issuance of an ex parte custody order. If the court grants the order, then the court may remove the child from the other parent, prevent the other parent from interfering in the child’s educational plans, or take any additional actions in the best interests of the child.

Can a court order be used to end a marriage?

While disconcerting to receive, such an order is usually unenforceable. Divorce proceedings are between the two married persons seeking to end their marriage. The employers of the two persons are not parties to the lawsuit.

Can a divorce court order an employer to cover an ex spouse?

The employers of the two persons are not parties to the lawsuit. Thus, absent an unusual circumstance, a divorce court has no authority to order an employer’s health plan to provide coverage to any particular person, including an ex-spouse. A. QMCSOs. One example of an unusual circumstance is a QMCSO.

Can a court order continuation coverage for an ex spouse?

Court orders and state laws that purport to require a health plan governed by ERISA to provide continuation coverage to ex-spouses “relate to” the ERISA plan. But ERISA exempts state insurance law from preemption.