Court Orders

[Confused711]

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

I have been divorced for 2 years 1 month.

Former spouse had not adhered to any of the court ordered settlement agreements so I had to file a contempt motion last October.

We then agreed upon a new settlement.

He was to buy me out of the marital home. However, he was not able to buy me out as outlined in the settlement agreement he used his 401 K and I had to have it rolled over into a new 401 K account in my name. If I touch any of the money I get taxed.

Now in the agreement it states that once I receive the check I am to vacate the marital home within 21 days.


I did not receive the check, the bank did. It was deposited on Aug 4th. No monies will be available at all until tomorrow Aug 11th. ( I was to pay off my vehicle and title in my name only)

Qluestion: I have obtained an apartment but it will not be available until Oct 5. I did inform former spouse of this and asked if I could extend the move out period of 21 days or end of August to Oct 5? He asked why he should be nice to me. I then said I would be willing to pay him 1,000.00 for the additional month**************..can he without going back to court, and me not having signed the quit claim deed, have me forced out before I can move into the apartment?

I realize this is long......but it's been a long 3 years.

Also.....one last thing and yes this may sound trite. I was awarded all marital contents of the home (he took what he wanted while I was at work)....is the washer/dryer/refridgerator considered a "Content"? I ask because I am looking to buy a home and there are many homes that do not come with those appliances.

Thank you in advance for any advice you may have.

 

[mistoffolees]

Now in the agreement it states that once I receive the check I am to vacate the marital home within 21 days.


I did not receive the check, the bank did. It was deposited on Aug 4th. No monies will be available at all until tomorrow Aug 11th. ( I was to pay off my vehicle and title in my name only)

Qluestion: I have obtained an apartment but it will not be available until Oct 5. I did inform former spouse of this and asked if I could extend the move out period of 21 days or end of August to Oct 5? He asked why he should be nice to me. I then said I would be willing to pay him 1,000.00 for the additional month**************..can he without going back to court, and me not having signed the quit claim deed, have me forced out before I can move into the apartment?

You have 21 days to get out. Period. The bank received the check in your name on August 4, so you need to be out by Aug 25 or your ex can go back to court to have you held in contempt. There's no obligation for her to do you any favors or even rent the house to you.

 

[Confused711]

Thank you. That is what I was asking.

Does he have to take me back to court or simply show up and change the locks. By the time he files a motion I will be able to move into the apartment.

Now before you say anything about being in contempt**************he has been in contempt of court since day 1. Like I said, our last agreement was on Oct 21, 2008 in which he had 45 days to comply**************nada. Finally in February I filed contempt. And it's now...August. Yeah, of 7 things he agreed and was ordered to do he has done.....uhm, let me think....none?

I lieu of the economy and people losing homes, obtaining apartments are not as easy to obtain as you would think. I was lucky to get this one by Oct.

I have been following the agreed orders, but this one was more difficult than I anticipated.

 

[mistoffolees]

Thank you. That is what I was asking.

Does he have to take me back to court or simply show up and change the locks. By the time he files a motion I will be able to move into the apartment.

Now before you say anything about being in contempt**************he has been in contempt of court since day 1. Like I said, our last agreement was on Oct 21, 2008 in which he had 45 days to comply**************nada. Finally in February I filed contempt. And it's now...August. Yeah, of 7 things he agreed and was ordered to do he has done.....uhm, let me think....none?

I lieu of the economy and people losing homes, obtaining apartments are not as easy to obtain as you would think. I was lucky to get this one by Oct.

I have been following the agreed orders, but this one was more difficult than I anticipated.

At 21 days, he can change the locks.

As for the contempt, it really doesn't matter whether he was in contempt or not. You agreed to something and you didn't do it. Would a judge go easy on you because of the history? Maybe. But you will be in direct violation of a judge's orders if you fail to move out.

As for the difficulty finding an apartment, that's just too bad. You knew the terms of your agreement some time ago and failed to comply. If you were unable to comply, you could have requested an extension from the court. Or you could move into a short term rental. Or a hotel. Court orders are NOT optional.

 

[Confused711]

small thing I failed to mention.

The buy out on the house was to be as a lump sum payment, and like I previously mentioned it ended up as a 401 k transfer, which as you know, I touch I get taxed. So in reality, I did not receive the exact amount for purchase......there is 1 more court order that has been signed by the Judge. I am waiting for it to be filed so a certified copy can be sent to the retirement agency. The money represents the tax amount should I choose to withdraw the amount out that was used for the purchase of my portion of the home.

So if I wanted to get really technical, it could be that the entire purchase price was not received as of yet, correct?

Also, you keep skipping the marital content question.

It just seems so bizzare that he has literally been in contempt since the Judge signed the divorce and nothing happens. He scurries and makes a new agreement and doesn't hold to it.

Could I STIL file for a 30 day extension? Just so I do not go outside of the court order?

 

[mistoffolees]

small thing I failed to mention.

The buy out on the house was to be as a lump sum payment, and like I previously mentioned it ended up as a 401 k transfer, which as you know, I touch I get taxed. So in reality, I did not receive the exact amount for purchase......there is 1 more court order that has been signed by the Judge. I am waiting for it to be filed so a certified copy can be sent to the retirement agency. The money represents the tax amount should I choose to withdraw the amount out that was used for the purchase of my portion of the home.

So if I wanted to get really technical, it could be that the entire purchase price was not received as of yet, correct?

Also, you keep skipping the marital content question.

It just seems so bizzare that he has literally been in contempt since the Judge signed the divorce and nothing happens. He scurries and makes a new agreement and doesn't hold to it.

Could I STIL file for a 30 day extension? Just so I do not go outside of the court order?

You received the full amount. However, you should not have agreed to accepting pre-tax money in lieu of after-tax money without an adjustment. If the judge has not yet signed the order, there is still time to request a change to reflect the impact of taxes.

You can also request a 30 day extension, but according to your timeline, you would still be in contempt by the end of September. Then you'll be asking for another extension.

Sit down and figure out EVERYTHING at one time and then make one set of requests of the judge. The fact that your ex has been in contempt may get you some leniency, but you can't expect to keep going back time after time to request modifications.

 

[LdiJ]

small thing I failed to mention.

The buy out on the house was to be as a lump sum payment, and like I previously mentioned it ended up as a 401 k transfer, which as you know, I touch I get taxed. So in reality, I did not receive the exact amount for purchase......there is 1 more court order that has been signed by the Judge. I am waiting for it to be filed so a certified copy can be sent to the retirement agency. The money represents the tax amount should I choose to withdraw the amount out that was used for the purchase of my portion of the home.

So if I wanted to get really technical, it could be that the entire purchase price was not received as of yet, correct?

Also, you keep skipping the marital content question.

It just seems so bizzare that he has literally been in contempt since the Judge signed the divorce and nothing happens. He scurries and makes a new agreement and doesn't hold to it.

Could I STIL file for a 30 day extension? Just so I do not go outside of the court order?

Yes, you could still file for an extension...but you would have to do it quickly.

A fridge definitely goes with a house in my opinion, a washer and dryer is iffier. However, "contents of the house" would probably be legally defined as anything not actually attached to the house.

 

[Confused711]

Ok.

I will call my attorney and ask her to file a 45 day extension for me.

I did not agree to accept pre tax money, the former spouse was trying to find a way to do this without HIM getting penalized. Of course it fell on me. The last order signed by the Judge on July 13th is for the amount of the tax adjustment I would be penalized if I fully withdrew.

No, I do not want to keep going back with modifications. This will be the second agreement since he slithered away 3 years ago. I'm tired and it's impairing my decision making, at the last agreement I dropped the alimony amount in hopes it would put an end to this quicker. I want this over, yet I would also like what was agreed upon, but it seems as if I will not get it as he simply does not do what he was ordered to do? I don't get it...

On receipt of the monies, I am to pay off my vehicle. It is currently financed in his name. I've obtained a loan through my bank to do this. But guess what? I cannot get him to show up at the bank for the closing??

Spoke to my attorney. Hmmm. She said she could file the motion for an extension but it would not put a "Stay" on anything and it could take upwards of 40 days, then she received and "urgent" call and that was that, and she will call me back. Ok. Isn't there something like an emergency motion to get this before the Judge quicker?


Washer/dryer/refridgerator and not "attached" Got it! although I''m not going to go to the lengths of taking things that I do not need.

It's truly not worth it.

 

[Confused711]

Ok,

I've searched everywhere trying to find any sort of definition for
"Marital Contents of the Home".

LdiJ mentioned anything "not attached" to the house.

Now this brings me to how it got attached?

Example.

I bought closets at Home Depot and we put them in. The pole the clothes hang on is screwed into the wall. I made a water fountaing and screwed it into the wall...

Former spouse is arguing with me that he will take me to court if I take the closets out. Most of it simply is just sitting there against the wall.

Again**************the washer/dryer/refridgerator?

We bought the house pre construction and had those appliances were there or was part of it when we closed on it.

I am buying my own home and the appliances are not in it. They took them. Realtor said they were not part of the house.

So...

All I have to go on in the settlement agreement is

Wife shall receive marital contents of the home.

4 years ago he didn't want anything but the 15 year younger woman, but now thats gone to hell he is bullying me.

I want to make sure I do not take anything that I am not legally entitled to.