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Divorce decree, contempt Question.

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carcosmo

Junior Member
We live in texas. Case is in Utah, Divorce filed in Colorado.

My husbands ex-wife, has filed a order to show cause against him. She claims he is in contempt of an order in their divorce decree. However, we know he is not. The problem is, the area she is referring to in the decree is open for interpretation. She actually tried to file a contempt motion against him in 2006, in the county the decree was drafted, however after my husband spoke with her attorney at the time he made her realize he was not in contempt, and nothing proceeded to court. Now here we are 2008 almost 2009, and she had a change of venue, and had filed the order to show cause. We know she did not take it to court in 2006 because the Judge (who granted the divorce) was very aware of the way it should be interpreted, and she knew she would lose her case.

Ok so that is the background information.

My husband does have an attorney, but the case is in another state, so it is making Communication with that attorney difficult. In addition, obviously we are charged every time we call him, and we cannot afford to just call with random questions.

I actually just graduated with a degree in paralegal studies, and I would like to do everything I can to make sure my husbands attorney has all the information he needs to win this case.

So what I was thinking is, what about getting a statement from someone in the county that the decree was drafted in? Would it be possible to contact the court and request such a statement form the judge that presided over the divorce? I also thought about contacting My husbands attorney during the divorce and asking him for a statement, but would that actually prove anything? My husband’s attorney has not suggested any of this.

What I have already provided to my husbands attorney is
1. The letter we received in 2006 threatening to file the contempt motion if he did not comply.
2. The motion to withdraw form his ex-wife’s attorney we received in 2007 ( I thought this would be good to prove she continued to represent his ex-wife for another year after we received the letter. This should cause some suspicion as to why she did not proceed with the contempt motion considering she already had an attorney, and if my husband were in contempt, he (per the divorce decree) would be responsible for her attorney fees. Moreover, there would be no need to interoperate the divorce decree in the presences of the same judge that approved it.

Ok so what do you think about my Idea, and any other possible ideas would be greatly appreciated.
 


Silverplum

Senior Member
We live in texas. Case is in Utah, Divorce filed in Colorado.
One or the other.
If it's been transferred officially to UT, then the fact that it occurred in CO is moot. If everyone has moved to UT but failed to move the case, it's still in CO.

carcosmo said:
My husbands ex-wife, has filed a order to show cause against him. She claims he is in contempt of an order in their divorce decree. However, we know he is not. The problem is, the area she is referring to in the decree is open for interpretation. She actually tried to file a contempt motion against him in 2006, in the county the decree was drafted, however after my husband spoke with her attorney at the time he made her realize he was not in contempt, and nothing proceeded to court. Now here we are 2008 almost 2009, and she had a change of venue, and had filed the order to show cause. We know she did not take it to court in 2006 because the Judge (who granted the divorce) was very aware of the way it should be interpreted, and she knew she would lose her case.

Ok so that is the background information.

My husband does have an attorney, but the case is in another state, so it is making Communication with that attorney difficult. In addition, obviously we are charged every time we call him, and we cannot afford to just call with random questions.

I actually just graduated with a degree in paralegal studies, and I would like to do everything I can to make sure my husbands attorney has all the information he needs to win this case.

So what I was thinking is, what about getting a statement from someone in the county that the decree was drafted in? Would it be possible to contact the court and request such a statement form the judge that presided over the divorce? I also thought about contacting My husbands attorney during the divorce and asking him for a statement, but would that actually prove anything? My husband’s attorney has not suggested any of this.

What I have already provided to my husbands attorney is
1. The letter we received in 2006 threatening to file the contempt motion if he did not comply.
2. The motion to withdraw form his ex-wife’s attorney we received in 2007 ( I thought this would be good to prove she continued to represent his ex-wife for another year after we received the letter. This should cause some suspicion as to why she did not proceed with the contempt motion considering she already had an attorney, and if my husband were in contempt, he (per the divorce decree) would be responsible for her attorney fees. Moreover, there would be no need to interoperate the divorce decree in the presences of the same judge that approved it.

Ok so what do you think about my Idea, and any other possible ideas would be greatly appreciated.
Seems like the case is still in CO.
 

LdiJ

Senior Member
One or the other.
If it's been transferred officially to UT, then the fact that it occurred in CO is moot. If everyone has moved to UT but failed to move the case, it's still in CO.



Seems like the case is still in CO.
I think maybe it was moved to UT. That would certainly be appropriate if that is where the children are living:

Now here we are 2008 almost 2009, and she had a change of venue, and had filed the order to show cause.
OP might get better advice if she explained exactly what the dispute is about, and exactly how the misinterpreted section reads.
 

carcosmo

Junior Member
Yes it has been moved to Utah.

This is about the devision of debt. The divorce decree states "the respondent (my husband) is to assume all debt to inclued petitioners student loans. Petitioner agrees to take all steps, and initate any paperwork nessary to restructure her student loans and get them out of default so that respondent can set up a payment plan to pay off such loans.

Divorce was final 12-16-05

Ex-wife has never gotten her student loans out of default.

During the divorce my husbands attorney explained to him this meant he would not have to pay anything until she got her loans out of default. (told husband it was written this way becasue she will prob never get them out of default)

That is what my husband told her attorney in 2006, in colorado when they threatend suit. and noting ever happend.. no law suit. becasue he was not in contempt and she (attorney) know this.

Now skip foward 2008 new venue, and the ex-wife is trying to get him for contempt again.

Her arguement is that he should have to pay her to get the loans out of default..
 

LdiJ

Senior Member
Yes it has been moved to Utah.

This is about the devision of debt. The divorce decree states "the respondent (my husband) is to assume all debt to inclued petitioners student loans. Petitioner agrees to take all steps, and initate any paperwork nessary to restructure her student loans and get them out of default so that respondent can set up a payment plan to pay off such loans.

Divorce was final 12-16-05

Ex-wife has never gotten her student loans out of default.

During the divorce my husbands attorney explained to him this meant he would not have to pay anything until she got her loans out of default. (told husband it was written this way becasue she will prob never get them out of default)

That is what my husband told her attorney in 2006, in colorado when they threatend suit. and noting ever happend.. no law suit. becasue he was not in contempt and she (attorney) know this.

Now skip foward 2008 new venue, and the ex-wife is trying to get him for contempt again.

Her arguement is that he should have to pay her to get the loans out of default..
He agreed to pay the loans. They cannot be gotten out of default without payments being started and being made. Therefore, even though he agreed to pay them (and probably got other assets in exchange) he is deliberately getting away with not paying them until she spends money to get them out of default?..and they are seizing any tax refunds she has in the meantime?

Hon, I am not helping with that one.:(
 

carcosmo

Junior Member
The thing is ...He agreed to pay them when she got them OUT of default. He actually got nothing out of the divorce.. The loans were in default before the divorce was final.. And my husbands attorney knew this, and that is why he has the divorce decree written this way. It was not his student loans, so why should he have his tax returns garnished. He was doing enough by offering to pay them off in the first place. He is not getting away with anything. She has the burden to TAKE ALL STEPS!!! to get them out of default before he can set up a payment plan. She could have done this 3 years ago and he would be paying them now. When she tried to get her attorney to file a contempt motion against him (in colorado the state the divorce was in ) the attorney could not, did not, file the motion becasue she knew he was not in contempt. So she waits 2 years and files a change of venue and it taking him back to court in a new jurisdiction in hopes that a new judge will see things differently. All we want is what is fair...My initial question is can I cantact the courts in which the dicorce was decided and ask for some sort of proof regarding the inturpertation of the decree. I also asked for any other advice. the student loans are now 9000 dollars more then what they started out to be. My husband and I would be glad to pay them off with a payment plan in which we can afford.. That was the agreement in the first place!
 

carcosmo

Junior Member
He agreed to pay the loans. They cannot be gotten out of default without payments being started and being made. Therefore, even though he agreed to pay them (and probably got other assets in exchange) he is deliberately getting away with not paying them until she spends money to get them out of default?..and they are seizing any tax refunds she has in the meantime?

Hon, I am not helping with that one.:(
He is not deliberately getting away with anything. In 2006 the ex-wife had an attorney, in the state that the divorce was granted, in the county, in the same court, with the same judge. All she would have had to do was file the contempt motion take him to court, say, look judge who granted this divorce, and knows exactly how to interperate this section of the divorce decree, he is not paying me to get my student loans out of default, please find him in contempt, and oh by the way per the divorce decree please make him pay my attorneys fees that I incurred by having to take him back to court to get him to comply with the terms of the divorce. And we would would now be paying the student loans.. However, she did not take him to court becasue after my husband sopke with her attorney
and explained to her the terms of the divorce, and the attorney looked into it she found that my husband was correct and that he was NOT in contempt. And the ex-wife is the one that is trying to get away with something. So her attorney then informed her that he was not in contempt and that she would lose if she tried to take him to court. She did however, continue to take my husband back to court twice for different matters, and was represented by the same attorney for the next year (all the while living in Utah, while all the cases were going to court in Colorado). Once the rest of the cases were finished she requested a change of venue and is trying to get a new jurisduction to see things her way.
All we want is what is fair.
 

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