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Spouse is in contempt of court

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stymie222

Junior Member
What is the name of your state (only U.S. law)? Alabama
My wife made promises to assume a loan responsibility, that was joint and put it in her name only.
She has repeatedly been denied the loan, because she does not have a job and an income.
She has submitted the same information, over and over again, with full knowledge that it would not go through.
My wife refused to get a job for years before the divorce, which was a primary reason for our constant disagreements. She is 20 years younger than my 68 years.
I have agreed to pay off the credit card debt that she ran up, because of our money problems. I have been faithful in doing so.
I don't want to get my credit ruined by her refusal to work. I don't want to be on the hook for this loan after I have complied with my obligations.
I want to file a contempt of the dissolution/ final decree agreement.
I live in Alabama now and she lives in Iowa.
I would like to know if I can file this in Iowa small claims court and have some type of representative appear in my stead.
I am disabled, living on Social Security and a small pension and cannot afford the Attorney prices I was quoted for the action.

Thank You
 
Last edited:


Zigner

Senior Member, Non-Attorney
What is the name of your state (only U.S. law)? Alabama
My wife made promises to assume a loan responsibility, that was joint and put it in her name only.
She has repeatedly been denied the loan, because she does not have a job and an income.
She has submitted the same information, over and over again, with full knowledge that it would not go through.
My wife refused to get a job for years before the divorce, which was a primary reason for our constant disagreements. She is 20 years younger than my 68 years.
I have agreed to pay off the credit card debt that she ran up, because of our money problems. I have been faithful in doing so.
I don't want to get my credit ruined by her refusal to work. I don't want to be on the hook for this loan after I have complied with my obligations.
I want to file a contempt of the dissolution/ final decree agreement.
I live in Alabama now and she lives in Iowa.
I would like to know if I can file this in Iowa small claims court and have some type of representative appear in my stead.
I am disabled, living on Social Security and a small pension and cannot afford the Attorney prices I was quoted for the action.

Thank You
Your ex-spouse is NOT in contempt until the court says she is.
If your ex-spouse CAN'T get a loan that will allow her to take over the current obligation, then she almost definitely won't be found in contempt.
You can't file a small claims court action as there is already an existing court order. Your recourse is to head back to the original court and ask for their help in enforcing your order, but like I said above, if she can't do it, then she likely won't be found in contempt. If you want to protect your credit, then you're going to want to make the payments yourself because the lender isn't a party to your court order.
 

Ohiogal

Queen Bee
What is the name of your state (only U.S. law)? Alabama
My wife made promises to assume a loan responsibility, that was joint and put it in her name only.
She has repeatedly been denied the loan, because she does not have a job and an income.
She has submitted the same information, over and over again, with full knowledge that it would not go through.
My wife refused to get a job for years before the divorce, which was a primary reason for our constant disagreements. She is 20 years younger than my 68 years.
I have agreed to pay off the credit card debt that she ran up, because of our money problems. I have been faithful in doing so.
I don't want to get my credit ruined by her refusal to work. I don't want to be on the hook for this loan after I have complied with my obligations.
I want to file a contempt of the dissolution/ final decree agreement.
I live in Alabama now and she lives in Iowa.
I would like to know if I can file this in Iowa small claims court and have some type of representative appear in my stead.
I am disabled, living on Social Security and a small pension and cannot afford the Attorney prices I was quoted for the action.

Thank You
Contempt of court would need to filed in the state that has jurisdiction (i.e. where the divorce was granted). However if she cannot refinance, the court may not find her in contempt of court. Is she current on the payments? Is she working now? Is she paying the loan?
 

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