• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Can lump-sum alimony be enforced if....?

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

Blackie1969

Junior Member
What is the name of your state (only U.S. law)? Florida

Fact #1. Neither party could afford an attorney, so divorce was done PRO-SE.
Fact #2. Below is what was ordered in the Final Dissolution of Marriage ordered 10/3/2011.
“The parties stipulated that the home located at (address) is the wife’s family home. The home has a present fair market value of $87,000.00, but has an outstanding mortgage of $109,000.00. The parties stipulated that the home was without any debt at one time, but it has been mortgaged and remortgaged during the course of the parties’ marriage. Some of the refinancing arrangements were to pay off other marital obligations, such as credit cards. The other refinancing arrangements were to make improvements to the home or property itself, or pay delinquent property taxes on the property. The home shall be awarded to the Wire, free of any claims made by the Husband. The Husband is directed to execute a Quit Claim Deed, conveying any interest he may have in the residence to the Wife within thirty (30) days of this Order.

The court finds that some of the debt associated with the residence is the Wife's non martial debt, and some of the debt accumulated is marital debt. The testimony reflects that $21,000.00 of the current mortgage indebtedness represents payment to marital obligations. Therefore, the Husband shall be responsible for payment of $10,500.00 to the Wife, as lump-sum alimony to affect equitable distribution of the parties' martial debt. Said lump-sum shall be paid directly to the Wife at the rate of $200.00 per month, on the fifteenth day of each month until fully satisfied.”

Fact #3. I executed quit claim deed to wife on 10/30/2011. Note: Wife was not required to refinance the home therefore I remained equally responsible for the repayment of the $109,000.00. I didn’t have funds to argue with court to ask why I had to pay wife AND the bank also held me responsible for the debt.
Fact #4. Residence was foreclosed on in May 2015. According to the foreclosure paperwork, the date of last payment received was June 2009.
Fact #5. I have not made any payments of the lump-sum alimony to date nor did I make any payments to the mortgage company because I didn't understand why I had to pay HER and still also be responsible for the debt to the mortgage company but I didn't have spare funds to hire an attorney.
Fact #6. The Wife has not notified the court that I have not made any payments, yet. Once child support ends soon I suspect she'll look to enforce the alimony by filing a NOTICE OF CONTEMPT".

Question: When the foreclosure happened I found out that my wife had not made ANY mortgage payments since our separation in 2009. Can I argue with the court during a contempt hearing as to why I have to pay my ex wife “lump sum alimony” to pay her back for a debt that was never paid and was defaulted on? I would think my reimbursement to her (referenced as "lump-sum alimony" above) is contingent on her actually paying the mortgage.

For the record: I suspect that the divorce judge just picked a random thing to justify alimony because in our mediation agreement (prior to the divorce hearing) my ex and I had agreed to NO ALIMONY.
 


Ohiogal

Queen Bee
What is the name of your state (only U.S. law)? Florida

Fact #1. Neither party could afford an attorney, so divorce was done PRO-SE.
Fact #2. Below is what was ordered in the Final Dissolution of Marriage ordered 10/3/2011.
“The parties stipulated that the home located at (address) is the wife’s family home. The home has a present fair market value of $87,000.00, but has an outstanding mortgage of $109,000.00. The parties stipulated that the home was without any debt at one time, but it has been mortgaged and remortgaged during the course of the parties’ marriage. Some of the refinancing arrangements were to pay off other marital obligations, such as credit cards. The other refinancing arrangements were to make improvements to the home or property itself, or pay delinquent property taxes on the property. The home shall be awarded to the Wire, free of any claims made by the Husband. The Husband is directed to execute a Quit Claim Deed, conveying any interest he may have in the residence to the Wife within thirty (30) days of this Order.

The court finds that some of the debt associated with the residence is the Wife's non martial debt, and some of the debt accumulated is marital debt. The testimony reflects that $21,000.00 of the current mortgage indebtedness represents payment to marital obligations. Therefore, the Husband shall be responsible for payment of $10,500.00 to the Wife, as lump-sum alimony to affect equitable distribution of the parties' martial debt. Said lump-sum shall be paid directly to the Wife at the rate of $200.00 per month, on the fifteenth day of each month until fully satisfied.”

Fact #3. I executed quit claim deed to wife on 10/30/2011. Note: Wife was not required to refinance the home therefore I remained equally responsible for the repayment of the $109,000.00. I didn’t have funds to argue with court to ask why I had to pay wife AND the bank also held me responsible for the debt.
Fact #4. Residence was foreclosed on in May 2015. According to the foreclosure paperwork, the date of last payment received was June 2009.
Fact #5. I have not made any payments of the lump-sum alimony to date nor did I make any payments to the mortgage company because I didn't understand why I had to pay HER and still also be responsible for the debt to the mortgage company but I didn't have spare funds to hire an attorney.
Fact #6. The Wife has not notified the court that I have not made any payments, yet. Once child support ends soon I suspect she'll look to enforce the alimony by filing a NOTICE OF CONTEMPT".

Question: When the foreclosure happened I found out that my wife had not made ANY mortgage payments since our separation in 2009. Can I argue with the court during a contempt hearing as to why I have to pay my ex wife “lump sum alimony” to pay her back for a debt that was never paid and was defaulted on? I would think my reimbursement to her (referenced as "lump-sum alimony" above) is contingent on her actually paying the mortgage.

For the record: I suspect that the divorce judge just picked a random thing to justify alimony because in our mediation agreement (prior to the divorce hearing) my ex and I had agreed to NO ALIMONY.
You owe $10,500 to your ex as part of a property settlement. It is not alimony in that it is NOT a tax deduction to you and taxable to her. Your reimbursement is NOT contingent on her paying the mortgage unless the court ordered it that way. Apparently they did not. And if you were listed on the mortgage then you are to blame for the mortgage not being paid as well as a divorce decree does not remove your responsibility to the bank.
 

single317dad

Senior Member
Who on Earth wrote this terrible order?

At any rate, you're not in compliance with a court order. Expect that to come back to haunt you someday.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top