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LyndaRose

Member
What is the name of your state? Florida

Marital Settlement agreement states that former husband pay the mortgage on the house that former husband turned over to former wife as he wanted to remarry right after his divorce. Court found former husband is in contempt of the marital settlement agreement which states former husband would pay former wife the mortgage payment of the marital home as he was the only person holding the mortgage.

Former husband was found contempt of court not paying the mortgage that wife was force to sell marital home due to her not being able to afford the house/mortgage and all expenses. Former husband prior to former wife selling home gave former wife a notarized signed letter giving former wife permission to move and was never released from paying former wife the mortgage payments. It was understood at the time both parties that former wife continue paying former wife the mortgage payment even though house was sold and was to use that money to pay for her rent, former wife has two minor children.

Went to court and court ruled former husband was to pay her rent in lieu of paying the mortgage payment. Rent payments were over $200.00 less per month than the mortgage.

Former husband files appeal which appelatte court overturned the district courts ruling stating the district court had no right in changing the wording of the marital settlement agreement.

Former husband taking former wife back to district court asking for all the rent payments he paid her within the past year and half be reimbursed back to him. Former wife used all the rent payments former husband gave her in paying the rent for her and the childrens residence.

Question, is there any other case law that is similiar to this? Former wife does not have any assets and no money to pay former husband back. Another question, will the dictrict court rule in his favor for former wife to return all the money, when in fact, the district court made a huge error in this ruling?
 


Ohiogal

Queen Bee
District court was correct. Former wife may have to pay the money back. She could not tie up his credit forever so why didn't she refinance the house into her name? She couldn't afford it? Well then she couldn't afford the house. And shouldn't have kept it in the divorce. Former wife is most likely going to need an attorney.
 

LyndaRose

Member
District court was correct. Former wife may have to pay the money back. She could not tie up his credit forever so why didn't she refinance the house into her name? She couldn't afford it? Well then she couldn't afford the house. And shouldn't have kept it in the divorce. Former wife is most likely going to need an attorney.
District court was the one who changed the ruling stating former husband in lieu of the mortgage payment shall pay her rent payment. So you believe the district court had a right to change the ruling when the appellate court overturned that ruling?

Former wife was unable to refinance the house due to mortgage being in former husbands name only and he took all marital money out of the bank and left former husband with a negative amount. Former husband changed the ownership of his two businesses to his fathers name within a year prior to the divorce without former wife knowing. Former husband maxed out former wife's credit cards prior to him leaving therefore, creating former wife bad credit.

Former wife kept the house as marital settlement states former husband was to continue paying the mortgage payments until their youngest child was emacipated.

Former wife hired an attorney spent over 50k of her parents money, only former husband defies court judgements and everytime when they go back to court, court allows him to purge himself, this continues for 3 years now. Former wife's attorney withdrew on the account former husband defied court order to pay money to her attorney.

How can former wife pay former husband back the rent payments he made within the past year when she used the money to pay her landlord?

Thank you.
 

Ohiogal

Queen Bee
District court was the one who changed the ruling stating former husband in lieu of the mortgage payment shall pay her rent payment. So you believe the district court had a right to change the ruling when the appellate court overturned that ruling?
That was a mistype. APPELLATE COURT was correct.

Former wife was unable to refinance the house due to mortgage being in former husbands name only and he took all marital money out of the bank and left former husband with a negative amount. Former husband changed the ownership of his two businesses to his fathers name within a year prior to the divorce without former wife knowing. Former husband maxed out former wife's credit cards prior to him leaving therefore, creating former wife bad credit.
Former wife, if unable to purchase the house and finance it in her own name, could not afford the house. That is what matters. Former husband could NOT have maxed out former wife's credit cards without former wife knowing about or giving him authority to charge. She made mistakes. She needs to grow up and not blame former husband for everything in her life.

Former wife kept the house as marital settlement states former husband was to continue paying the mortgage payments until their youngest child was emacipated.
Oh well.

Former wife hired an attorney spent over 50k of her parents money, only former husband defies court judgements and everytime when they go back to court, court allows him to purge himself, this continues for 3 years now. Former wife's attorney withdrew on the account former husband defied court order to pay money to her attorney.

Attorney does NOT have to work for nothing. You wouldn't so why should the attorney? Former wife needs to get gainful employment that can support herself.

How can former wife pay former husband back the rent payments he made within the past year when she used the money to pay her landlord?
Get a loan. Get another job. Either way she very well may end up paying back the money as she had NO legal right to it. She needed to be able to afford the house if she was going to be living there. Then the money would have been a reimbursement which would have given her something to live in and a way of forcing the payments until emancipation.


Who are you in this whole thing? How about you lend her the money?
 

LyndaRose

Member
I failed to mention that fw has 5 court judgements against fh and fh defies court judgements, he is in repeately contempt of court going on the fifth one this month, in addition, he has committed purjery many times in court. Fw has all proof of his hiding his income and a business that he owns. He has lied many years to the irs of his income tax income and fw has that proof. FH also has lapsed months on paying his minor childs dental and medical insurance, and fw has paid those bills as needed herself with her disability money that is suppose to be used for living expenses.

The court original ruling should of stated $650.00 "for living expenses", I am sure Fw can go back to court and seek just that.

I am sure fw will take this back to court seeking the 100k in her paying his mortgage satisfaction that she made for her fh as there is nothing in writing she is to pay mortgage when in fact he gave her the house and msa states fh to pay mortgage payments. Fh also took the tax credit on the house, which proves fh is responsible for the mortgage. I am sure fw can file a number of purjery charges when she wishes, she has transcripts from court hearings of him contradicting himself and written proof of his actual income and business.

Fw now is pro se and now is moving everything fast. She now has two court hearing scheduled and a third to be given to her within two weeks. I am sure if she has to pay back the money she does not have that she can play the same game as her fh.

As for my original question, I guess going to a courthouse library would be best in seeking prior similiar cases and final decisions.
 

Ohiogal

Queen Bee
I failed to mention that fw has 5 court judgements against fh and fh defies court judgements, he is in repeately contempt of court going on the fifth one this month, in addition, he has committed purjery many times in court. Fw has all proof of his hiding his income and a business that he owns. He has lied many years to the irs of his income tax income and fw has that proof. FH also has lapsed months on paying his minor childs dental and medical insurance, and fw has paid those bills as needed herself with her disability money that is suppose to be used for living expenses.
Contempt does not change the court of appeals ruling however. How many years that he lied to the IRS did she file a joint tax return with him? What "proof" does she have?
Oh and was she claiming the money every month on HER income tax?

The court original ruling should of stated $650.00 "for living expenses", I am sure Fw can go back to court and seek just that.

I am sure that you would be wrong about seeking that now. Most likely not unless of course alimony was stated as being modifiable. If not, then she cannot revisit the divorce ruling. From the sounds of things her attorney screwed up by making it for the mortgage only.

I am sure fw will take this back to court seeking the 100k in her paying his mortgage satisfaction that she made for her fh as there is nothing in writing she is to pay mortgage when in fact he gave her the house and msa states fh to pay mortgage payments. Fh also took the tax credit on the house, which proves fh is responsible for the mortgage. I am sure fw can file a number of purjery charges when she wishes, she has transcripts from court hearings of him contradicting himself and written proof of his actual income and business.
No FW cannot file ANY perjury charges. That is a crime and only the state can bring such charges. If they decide to prosecute.

Fw now is pro se and now is moving everything fast. She now has two court hearing scheduled and a third to be given to her within two weeks. I am sure if she has to pay back the money she does not have that she can play the same game as her fh.
Isn't that sweet? Why does she have two court hearings scheduled? And why is getting a third? Is it the same parties? If so then she is not abiding by judicial economy and insuring judicial efficiency. Is she well versed in all the rules of civil procedure? The rules of evidence? The local rules? My guess is not.



As for my original question, I guess going to a courthouse library would be best in seeking prior similiar cases and final decisions.
Might be. She does know how to shepherdize cases correct? She also knows that she is responsible for presenting contradictory cases to the courts as well. Correct? If not, she is going to drown.
 

LyndaRose

Member
Yes, her attorney screwed up. At the time of the decision she told her attorney she did not like the court changing the wording for fh to pay rent, but attorney told her let it go.

He lied on his past 5 income taxes which was after the parties divorce.

The court hearings are for different issues. One hearing is motion for fifth contempt and inforcement, second hearing is for motion of default of courts ruling/order from past april and the third she is waiting for is modification for child support as her eldest is emacipated for over a year now and she has all the proof that fh is making four times the salary that he did at the time of their divorce.

I don't think she will loose she has won everything so far, only the court changed the wording of the rent/mortgage hearing, it should of stated for "living expenses" then the issue of rent would never been brought up. I am sure during modification for child support she will be adjusted accordingly.
 

Ohiogal

Queen Bee
Yes, her attorney screwed up. At the time of the decision she told her attorney she did not like the court changing the wording for fh to pay rent, but attorney told her let it go.

He lied on his past 5 income taxes which was after the parties divorce.

The court hearings are for different issues. One hearing is motion for fifth contempt and inforcement, second hearing is for motion of default of courts ruling/order from past april and the third she is waiting for is modification for child support as her eldest is emacipated for over a year now and she has all the proof that fh is making four times the salary that he did at the time of their divorce.

I don't think she will loose she has won everything so far, only the court changed the wording of the rent/mortgage hearing, it should of stated for "living expenses" then the issue of rent would never been brought up. I am sure during modification for child support she will be adjusted accordingly.
The COURT cannot legally change the wording of the mortgage payment to ANYTHING. They tried that. End of story. It didn't work to go to rent and it won't work to go for living expenses.
 

LyndaRose

Member
Your right. I will have to reopen the case as the appellate court told both parties to go back to court and have the ruling reversed and start all over again making the msa enforced.

Then fw needs to file a motion to enforce the msa which states he relinguishes the house to the wife and he will pay the mortgage. On the modification between both parties for fw to move, he was never released for paying the remaining 100k mortgage on that house. He turned the home over to wife with written permission, notarized and only released himself from a list of things he placed on the letter. Fw was forced to pay his mortgage upon the sale of the home at which the mortgage was automatically taken out during the sale- she is entitled to that money. If you say she isn't entitled to the money, then the house was never turned over to her as the msa states.

The next step she can do is file for modification and have the courts set the amount as fh makes four times his salary since his divorce.
 

Ohiogal

Queen Bee
What is the EXACT wording on that portion? Quite frankly unless the MSA states that it is modifiable then it is NOT modifiable regardless of how much his income has increased. And who the heck are you in this? I get the idea that you are NOT being straight as to your role in this situation.
 

LyndaRose

Member
Hello,

I am being truthful. I am not asking modification for alimony which I get nearly none but for enforcement of the msa and modification of child support. Here is the msa wording and the modification wording:

3. The parties agree that the wife shall not move the minor children residence more than three hours from (residence).

8. The husband agrees to transfer and quit-claim to the wife all of his interest in the parties marital residence.....(address). The husband agrees to continue paying the mortgage, association fees, contents insurance and appliance insurace as part of the attached monthly budgets marked A and B until the parties minor child, Kelly, attains the age of nineteen years or ceases being a full time student living at home.

1. The parties agree that in order to provide the chidren with a seamless transition trhough the divorce and in order for the children to continue their leisure activities that they enjoy, the husband aspires to supplement the monthly child support and alimony. This supplement will be in a form of a check. The amount of the gift to the children will attempt to reflect the difference betwen the wife's income added to child support and any shortfall between that amount and the monthly expenses. Despite the financial burden of running two households, the husband deserires to make this personal sacrifice.

Monthly Budget A from date of divorce until Kelly is 19 years of age or a high school graduate.

$885.00 mortgage, $204.00 homeowners association fee, $598.00 wife's medicare health coverage, $70.00 wife's medications, $600 groceries, 145 auto insurance, 105 electric, 50 long and local phone service, 30 wife's cell phone, 65.00 water and sewer, 43.00 homeowners insurance, 60.00 gasoline.

Monthly Budge B from after Kelly is 19 years of age or a high school graduate until Kelly is no longer a full time student.

mortgage, homeowners association fee, wife's medicare health coverage, wife's medications, local phone service, water and sewer service, homeowners insurance.

The modification letter that was filed where former husband gave former wife permission to move states:

I, (his name) agree to modify paragraph 3 of the msa dated____ which was finalized by Judge________.

Paragraph 3 states__________________

I (his name) hereby agree to modify this paragraph of the marital divorce agreement and give undisputed permission to former wife my name, to move our children their names beyond the 3 hours drive time from __________________ with no distance limits, but within the State of Florida. Any and all references of the children's childhood residence in the marital divorce agreement will refer to the new childhood residence at which the children will reside until emancipation as outlined in the agreement.

Upon the sale of the (city and address) house, I am released from responsiblity for home repairs, appliance repairs and appliance insurance.

He signed and it is notarized.

He never released himself or I released him from paying the 100k mortgage still left on that house. We had a verbal agreement that he will continue paying me and I would use that towards my rent and living expenses.

What do you think?
 

Ohiogal

Queen Bee
I think you will not get it modified to get living expenses. But contempt. Of course now this is about you and not a former wife or friend or whoever.
 

LyndaRose

Member
Your right it won't be modified for living expenses, but it certainly will be factored in when the hearing for modification of child support takes place. They will ask again for fw living expenses, probably subpeona the bank accounts again, they will consider her financial report that was recently updated, and consider keeping her and her child in the same living as she had during the marriage. She will provide all evidence fh hiding his income and business and they will consider his last 5 years of income tax returns showing yearly increases in income.

Nobody else has written I guess this is the wrong site for me to be on, have not received any true legal advice but at least I tried. By the way, you keep saying I am "her", no just her caring brother. :) smile.
 

LyndaRose

Member
Some people have "no brains", have you ever heard of signing onto somebody's account of course with their permission????? I can't take the lack of thinking on here.....goodbye.
 

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