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Court Ordered Monetary Judgment

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lkclark1450

Junior Member
What is the name of your state (only U.S. law)? Florida. In my divorce decree, my ex-husband got the savings ($20,000) and I got the house. I was ordered to pay him an additional $5,000 in the next year. Due to my legal fees of $17,000 and the housing market here in Florida, I cannot refinance or take equity out. What happens if I cannot pay him within the next year. I have no money and with my income to debt ratio, do not qualify for even a $1,000 credit card let alone a personal lone. Can they garnish my wages? Can they take my house or car?What is the name of your state (only U.S. law)?
 


Ohiogal

Queen Bee
What is the name of your state (only U.S. law)? Florida. In my divorce decree, my ex-husband got the savings ($20,000) and I got the house. I was ordered to pay him an additional $5,000 in the next year. Due to my legal fees of $17,000 and the housing market here in Florida, I cannot refinance or take equity out. What happens if I cannot pay him within the next year. I have no money and with my income to debt ratio, do not qualify for even a $1,000 credit card let alone a personal lone. Can they garnish my wages? Can they take my house or car?What is the name of your state (only U.S. law)?
They can garnish your wages, your house and car can have a lien against it. If you have not fulfilled the terms of the divorce you can find yourself facing criminal contempt. Was this something you agreed to do? Why did you keep the house if you cannot afford it? Which if you cannot afford to refinance (if he is on the mortgage you may face being forced to SELL THE HOUSE) then you cannot afford the house.
 

lkclark1450

Junior Member
No, I did not agree to it, the Judge ordered it. I have never been late or missed a house payment but also, do not have $5000 since he got all the savings and if I could refinance, I would pay PMI which I do not pay now but the LTV is low, so they do not even want to refinance me. My name has always been the only name of the deed and promissory note. With Florida being a homestead state, his name was put on the mortgage when I refinanced but my mortgage company does not even care about the mortgage and never had it assigned to them from the company I refinanced with from which they bought my mortgage.
 

LdiJ

Senior Member
No, I did not agree to it, the Judge ordered it. I have never been late or missed a house payment but also, do not have $5000 since he got all the savings and if I could refinance, I would pay PMI which I do not pay now but the LTV is low, so they do not even want to refinance me. My name has always been the only name of the deed and promissory note. With Florida being a homestead state, his name was put on the mortgage when I refinanced but my mortgage company does not even care about the mortgage and never had it assigned to them from the company I refinanced with from which they bought my mortgage.
You really are going to have to find some way to come up with the 5k, even if you have to borrow from family.

While I don't agree that the situation is quite as dire as it might seem, you can't just blow this off, or it eventually WILL become dire.
 

Ohiogal

Queen Bee
No, I did not agree to it, the Judge ordered it. I have never been late or missed a house payment but also, do not have $5000 since he got all the savings and if I could refinance, I would pay PMI which I do not pay now but the LTV is low, so they do not even want to refinance me. My name has always been the only name of the deed and promissory note. With Florida being a homestead state, his name was put on the mortgage when I refinanced but my mortgage company does not even care about the mortgage and never had it assigned to them from the company I refinanced with from which they bought my mortgage.
Here is the thing -- LD is correct. YOu owe him 5k from what? Equity on the house? Other property settlement? As for paying PMI -- well, you needed to think about that when you were awarded the house or asked for the house.
 

lkclark1450

Junior Member
The Judge she was giving him back his portion of the down payment on the house. We put money down and then I supported us for 18 months while he was in nursing school. The Judge did not take the schooling part into consideration. Only that he needed to be paid back part of the down payment. So, he got the what he left in savings and I have to pay him an additional $5,000. My mortgage company advised against my refinancing. I should have taken PMI into consideration?? I had PMI on the original mortgage and then he insisted we refinance and I was lucky that the house LTV was high. With the market the way it is, why would I tie more money into the closing costs so I really would not be able to get cash out?! I work for the managing partner of a law firm in Tampa so I am not completely blind-just do not know Family Law. I am almost 58 years old and why would I walk away from my home. With him getting all the savings, I did not have or would make money off the immediate sale of my house to purchase another home. My intentions are to hold on until the market comes back up.
 

LdiJ

Senior Member
The Judge she was giving him back his portion of the down payment on the house. We put money down and then I supported us for 18 months while he was in nursing school. The Judge did not take the schooling part into consideration. Only that he needed to be paid back part of the down payment. So, he got the what he left in savings and I have to pay him an additional $5,000. My mortgage company advised against my refinancing. I should have taken PMI into consideration?? I had PMI on the original mortgage and then he insisted we refinance and I was lucky that the house LTV was high. With the market the way it is, why would I tie more money into the closing costs so I really would not be able to get cash out?! I work for the managing partner of a law firm in Tampa so I am not completely blind-just do not know Family Law. I am almost 58 years old and why would I walk away from my home. With him getting all the savings, I did not have or would make money off the immediate sale of my house to purchase another home. My intentions are to hold on until the market comes back up.
Then you have to find some other way to come up with the 5k, its as plain and simple as that.
 

lkclark1450

Junior Member
So, there is no way legally I can fight this due to my financial situation. I supported us for 18 months and took out a $20,000 line of credit to survive. None of that was taken into consideration. He got $19,500 out of the savings plus now I am to pay the additional $5,000. It sure does not seem fair.
 

mistoffolees

Senior Member
So, there is no way legally I can fight this due to my financial situation. I supported us for 18 months and took out a $20,000 line of credit to survive. None of that was taken into consideration. He got $19,500 out of the savings plus now I am to pay the additional $5,000. It sure does not seem fair.
And YOU got the house. He may not think THAT is fair.

The fact is you have an agreement in place and you are expected to honor it. If you thought it was unfair, the time to speak up is long past.
 

Ohiogal

Queen Bee
So, there is no way legally I can fight this due to my financial situation. I supported us for 18 months and took out a $20,000 line of credit to survive. None of that was taken into consideration. He got $19,500 out of the savings plus now I am to pay the additional $5,000. It sure does not seem fair.
Sell the house and pay him the 5k. Then you can go get your own home that you can afford.
 

lkclark1450

Junior Member
Cannot sell the house and make any profit to even think about buying something else! Maybe he does not think it was fair but he wanted all this not me. I was committed to the marriage and he stayed out all night and thought the grass was greener-came home and asked for a divorce. I agree that the time to speak out is past but that was what I paid my attorney $17,000 to do and I think he let me down! My boss is a real estate attorney so that is why I came here.
 

wileybunch

Senior Member
Buying another home isn't court ordered. Paying ex back for his down payment is. If the only way to pay him back is to sell the home, then that's what you do. If there isn't sufficient means to buy another home, then you will be a renter. The fact is the current home was purchased with his money, too, and so you probably really CAN'T afford the house you're in, it's just the reality of the situation.

In addition to advice given to borrow the $$, what about using the same asset that you can't afford to pay him his court-ordered amount for? Rent a bedroom or two out and over the course of a year you could easily pay him back his $5K and be able to keep the house if your head is above water in other respects.
 
So, there is no way legally I can fight this due to my financial situation. I supported us for 18 months and took out a $20,000 line of credit to survive. None of that was taken into consideration. He got $19,500 out of the savings plus now I am to pay the additional $5,000. It sure does not seem fair.
I don't want to hijack this thread but I think this is a prime example of arguing your case after the fact. The time to bring all this up was before the final decree not afterwards. Up until last year...most people thought getting the house was a prize...and now most are wishing they had thought twice. Judges can't order you to keep the house...that was your decision...no matter how you try to spin it. You took it and agreed to pay the 5k...and unless your ex will take an unsecured settlement note after the fact (I wouldn't)...you have to do what you agreed to. You are not alone, unfortunately things like this happen all the time.

PS Maybe your Managing Partner boss will give you a cash advance...I mean come on...it's only 5k!
 
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lkclark1450

Junior Member
I have no regrets with keeping the house. I do have regrets hiring a Family Law attorney who turned my case over to her Criminal Law husband and paying $17,000 in fees. I did not agree to pay the $5,000-that was the Judge's order at the end of the trial. We argued the case the best we could and felt that since he had no evidence of using his money as the down payment, I was the one that got screwed. You can argue as much as you want in front of the Judge, but she has the final say which blew us away. We cited case law and filed a motion for a re-hearing but the Judge denied it. Again, I feel my attorney did not fight for me. I love my house, have not and will not miss a payment. Just with the legal fees, I do not have $5,000 laying around. None of you could possibly be familiar with the Florida real estate market to keep telling me to sell. You cannot sell anything right now and won't be able to for a couple of years. I am 58 not 28 and have no desire to try and "save" for another home. What I have is irreplaceable. I feel like each of you, like the Judge, are slamming me and if I told you the stories of the things he did to me, maybe you would quit making me feel like the bad guy. Good luck to each of you but please learn to try and not be so one-sided and to have compassion.
 

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