Civil Contempt of Court-property settlement

[sroutlaw]

I am scheduled to go to court in Missouri in about a month, after filing a civil contempt charge against my ex. He has failed to pay a debt (student loan) assigned to him in our property settlement, and as a result my NEW husband's and my tax refund has been taken by the govt. This debt was 166 dollars per month when we divorced; it has now ballooned up to $37K - or $400 a month to pay it off in the time the Fed. Govt. wants to see it repaid.
My question is-what should I expect in court? My attorney has basically said this is an open and shut case, that my ex will either have to pay or be sent to jail for noncompliance/contempt. I don't really like to just buy into what one attorney says, so I am looking for any possible loopholes the ex might climb through-like, what is "reasonable ability to pay"? He has a job, fairly well paying, but also has a non-working spouse and two kids-I really wouldn't want him to go to jail but with four kids of my own, I can't afford to pay the debt, either.
Also, does the court EVER revise the property settlement agreement at this point? It has been five years or so since the divorce, and he paid on the loan until he remarried, but I am really concerned that I will somehow get stuck with this debt, which has now gone all out of control.
Will my ex have to pay court costs, my attorney fees, and pay back my husband and me for the tax refund that the feds took from us to pay on the loan?
And finally, just how open and shut is a civil contempt case? Will I have so speak and say why he has to pay it? What if ex doesn't show, or doesn't file his "answer" with the court? Will it be a default judgment? If so, will he have garnishment applied or a bench warrant issued?
Thanks in advance for any help you might offer!
Stephanie

 

[I AM ALWAYS LIABLE]

My response:

Woa, woa. WOA ! !

Jeez, one question at a time ! What are you worried about ?

Stop machine-gunning your questions. Rat-a-tat-tat-tat !

Your attorney is correct, he's going to jail, the debt will remain his, and the court will give you a Civil Judgment. Your attorney will garnish his wages, take his property if necessary, and have his bank accounts emptied.

It really breaks my heart that your ex got married again - - especially when he couldn't afford to. So, because of him, his new wife is going to suffer - - BIG TIME !

IAAL

 

[sroutlaw]

Thanks IAAL-
It actually is sad to me as well, that things could get this serious. I don't like to see kids without a dad (this same guy abandoned our two kids, who were adopted by my new husband, thank goodness, a great guy!), and I feel for the new wife-she has now idea what kind of guy she married.
Sorry for the machine gun questions:> I am not a "court" type of person-have only been for divorce, stepparent adoption and one speeding ticket and was equally nervous every time. Like to have all the facts though! Just out of curiosity, does it change anything that the student loan was both of ours, pre-divorce? It was a consolidated deal, part his, part mine, but awarded to him.
Thanks-
Steph

 

[I AM ALWAYS LIABLE]

Thanks IAAL-
It actually is sad to me as well, that things could get this serious. Just out of curiosity, does it change anything that the student loan was both of ours, pre-divorce? It was a consolidated deal, part his, part mine, but awarded to him.
Thanks-
Steph

My response:

First, stop thinking like a woman. Women love to love - - even if they're having the financial crap beat out of them.

Start thinking like a business person.

You and he had a contract. He breached the contract. Now, he's going to pay the penalties. Simple.

He had no remorse for doing what he did to you and your current husband. Do you think he was crying, feeling badly, or being concerned about your "feelings" ?

This is law - - not "Peyton Place".

If he failed to pay his part of the debt, or if he agreed to pay the entire debt, then he's going to pay - - in the worst manner possible. Maybe next time he'll think about his actions when he knows his freedom will be at stake.

Go get him !

And, feel righteous and good about it. He's a slime-bag !

IAAL

 

[sroutlaw]

I am ROTFLMAO IAAL!
I am a woman, can't be anyone else-but, yes, a certain part of me does say he deserves this, which is why I am getting a "second opinion" per se, from you, to protect my own interests.

Don't you worry-I can be a bull dog when need be. Sounds like this truly is open and shut though-so I will just show up in court with documents and lawyer and let the law function!

Steph
PS You sound like my husband-the guy is a slimebag!
Thansks!

 

[I AM ALWAYS LIABLE]

I am ROTFLMAO IAAL!
I am a woman, can't be anyone else-but, yes, a certain part of me does say he deserves this, which is why I am getting a "second opinion" per se, from you, to protect my own interests.

Don't you worry-I can be a bull dog when need be. Sounds like this truly is open and shut though-so I will just show up in court with documents and lawyer and let the law function!

Steph
PS You sound like my husband-the guy is a slimebag!
Thansks!

My response:

Then, go to your doctor and get a "testosterone" shot the day before your court appearance. Go into court like a "man-tank" and fight the good fight. Spit on him too !

Show no mercy, take no prisoners.

He wanted to screw you again, and did ! But, this time, it wasn't so pleasant like it used to be !

Insist that he go to jail for at least 30 days. That ought to shake his ass up. As a matter of fact, just before the bailiff cuffs him, hand him a jar of Vasaline Petroleum Jelly. He's going to need it when he meets my good buddy, Bubba - - all 6'6", Black, muscular, and doesn't care where he "sticks it". When you hear that weak scream in the still of the night, that'll be your ex-husband getting his Tootsie Roll packed.

Be that bulldog !

Good luck, and let me know how it turns out.

IAAL