Pleasanton, TX asked in Divorce for Texas

Q: I have a standing orders on a divorce case. So my spouse is refusing to pay our car insurance for both of our cars.

I have text messages of him agreeing to pay it since he lives 3 hours away. I have pictures of him with his mistress and he's always taking her out on dates. Can I filed a motion to enforce court order. Today is the last day before the car insurance is cancel. He bought a new phone. He hasn't pay any bills that he agreed. He has a job.

Case # 2022CI17525

I would love for a pro Bono service because I been having small anxiety attacks and have my children with me.

Thanks.

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1 Lawyer Answer
John Michael Frick
John Michael Frick
Answered
  • Frisco, TX
  • Licensed in Texas

A: It depends on the wording of the "standing order" in your divorce case.

A typical "standing order" regarding auto insurance prohibits either party from: "6.3 Canceling, altering , or in any manner affecting any casualty, automobile, or health insurance policies insuring the parties' property or persons including the parties' minor children." [Dallas County Standing Orders].

Under this standing order, your spouse cannot remove you as an insured driver, remove your car from an existing policy of insurance, change the limits of your policy, etc. But it does not require him, or you, to PAY the premium. Obviously, if someone does not pay the premium, the insurance company will cancel coverage.

Usually, within a few weeks of the filing of a divorce case, your attorney will request a temporary order hearing asking the Court to make orders like who is responsible to pay what bills during the pendency of the divorce case. It is not unusual for each spouse to be financially responsible for the insurance covering his/her own motor vehicle. Ultimately, however, what the judge orders will depend on the particular facts of your particular case.

If your insurance company cancels your auto insurance for non-payment of the premium, I recommend promptly getting new insurance for your car only in your name only and making the premium payment yourself so that you do not have to rely on him to do so.

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