Divorce jury trial

[kdowd771]

What is the name of your state? Texas

Help!! I have been married 8 years this July. Have been seperated since July 01. I filed for divorce back in Jan 02. Got a final hearing set up for Sep 02. My wife 2 days before the trial by judge drops a jury fee down!!! This is for a case with NO KIDS. 2 houses, 2 cars and minimal possessions. and a HUGE amount of debt. I was ordered to maintain payments on the 2 houses and 1 car totaling $1800 per month. She in turn was ordered to pay me $400 per month. Well here we are in May of 03 and have not been in front of a judge since July of 02 for the temp order hearing. I have spent $8,000 on lawyers fees already and am $40,000 in credit card debt now. Not including the $150,000 between the houses. Which have little if any equity. We tried mediation but have found no solution. She wants a check for $20,000 that I do not have the capability to get. I offered her everything in the mediation. Houses, cars possessions and STILL was rejected. She says 1 house has $9,000 in equity when I keep it but has $0 if she gets it. My lawyer is in dis-belief over this whole fiasco. Question is HOW CAN YOU STOP A JURY TRIAL??? Can the judge deny the request? Its blantantly obvious the whole thing is a stall tactic to milk me for everything yet NO ONE can get anything done. Any suggestions???

 

[Boxcarbill]

Here's a suggestion. File a Motion to Modify Temporary Orders. Then request that the Judge modify the temporary orders regarding house payments and car payment. She has ask for a jury trial to keep you on the hook for these payments. And, yes, upon the payment of the jury fee, she has a right to the jury trial. Nothing can be done about that but something can be done about the motivation for seeking the jury trial. File a Motion to Modify temporary orders.

 

[kdowd771]

I asked about doing this and my lawyer told me that the only way to modify them is for somehting to have changed. Like if I lost my job. Since I make the same amount of money there is no grounds to file request to modify. Or so I am being told.

 

[Boxcarbill]

I asked about doing this and my lawyer told me that the only way to modify them is for somehting to have changed. Like if I lost my job. Since I make the same amount of money there is no grounds to file request to modify. Or so I am being told.

"I have spent $8,000 on lawyers fees already and am $40,000 in credit card debt now." I took an additional $48,000 dollars of debt in the past year to be a substantial change in circumstance.
And besides, the language of substantian change in circumstance is under modification of custody and support.

 

[kdowd771]

If I file for bankruptcy do I still have to pay the payments that the temp order said I had to?

 

[Boxcarbill]

If I file for bankruptcy do I still have to pay the payments that the temp order said I had to?

Well, now, if you are willing to ruin your credit with a bankruptcy then let me share something with you.

(I take it that the Judge did not characterize these house payments and car payment as spousal support because your wife isn't eligible for it unless you have been convicted of spousal abuse. (You weren't married long enough for it to be spousal support under TX law.))

Why go through bandruptcy, just don't pay the house payment or car payment. I know. You say but she will take me to court for contempt. She may try but the payments are in the nature of a debt and cannot be enforced by contempt--unless funds were in existence at the time of the order and it was from these funds that the debts were ordered to be paid. I have a strong feeling that this order was just a way of dividing the debts in order for the parties to know which one would pay which creditor. Fact, in most divorces the creditors don't always get paid. I have an idea that if you announce that you aren't going to pay the debts anymore she will either pay them or she will move the divorce to final settlement.

 

[kdowd771]

I made the announcement that I will be filing for bankruptcy and that she had until 6 May at 3pm to accept the final offer. My lawyer seems to think she will change her mind and try to settle this. How much would 2 mortgage forclosures hurt you as compared to a Chpt 7 or 13? Is one better than the other?