Violation of the Divorce decree

[JCNMMSKYTTE]

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

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

I got divocred in 2006 and in the divorce decree my ex was responsible for paying a loan off. I am the Primary on the loan so therefore the responsibility as far as the financial institustion is on me. Since he doesn't care about his credit he did not pay on the loan and we haven't spoke since the divorce until I was served papers in 2007 to appear in court since the acct was in default. I appeared in court and also spoke to my ex after the hearing. Via phone an agreement was made with the lawyer and financial institution and my ex that he was going to make payments on this loan until paid in full. Payments were to begin Aug 2008. He didn't make the first payment until Dec 2008 then Feb, May and June of 2009. So since the agreement with the lawyer and financial inst he had only made 4pymts then stopped. I had been contacting my ex each month to see if he was making the payments and of course he stated he was. I felt I needed to contact the financial inst to make sure and that's when I was informed that he hadnt made a pymt since june 09. I was never informed by them since they only had his updated information. I am now taking him back to court to see what can be done since he is not holding his part of the decree. (Contempt in Court) He tells me that he is not going to show up...Can he jsut get away with this? Is there any thing else I need to do when I take him to court other than have the proof that he hasnt made the pymts? I kept my end of the decree and he hasnt. Will I be wasting my time taking him to court? I would hate to have to go thru all this again and nothing be done. Ont op of it all im due to deliver in about 4 weeks. What stress. Please any helpful advice or tips would be apprecitated.

[LdiJ]

Originally Posted by JCNMMSKYTTE

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

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

I got divocred in 2006 and in the divorce decree my ex was responsible for paying a loan off. I am the Primary on the loan so therefore the responsibility as far as the financial institustion is on me. Since he doesn't care about his credit he did not pay on the loan and we haven't spoke since the divorce until I was served papers in 2007 to appear in court since the acct was in default. I appeared in court and also spoke to my ex after the hearing. Via phone an agreement was made with the lawyer and financial institution and my ex that he was going to make payments on this loan until paid in full. Payments were to begin Aug 2008. He didn't make the first payment until Dec 2008 then Feb, May and June of 2009. So since the agreement with the lawyer and financial inst he had only made 4pymts then stopped. I had been contacting my ex each month to see if he was making the payments and of course he stated he was. I felt I needed to contact the financial inst to make sure and that's when I was informed that he hadnt made a pymt since june 09. I was never informed by them since they only had his updated information. I am now taking him back to court to see what can be done since he is not holding his part of the decree. (Contempt in Court) He tells me that he is not going to show up...Can he jsut get away with this? Is there any thing else I need to do when I take him to court other than have the proof that he hasnt made the pymts? I kept my end of the decree and he hasnt. Will I be wasting my time taking him to court? I would hate to have to go thru all this again and nothing be done. Ont op of it all im due to deliver in about 4 weeks. What stress. Please any helpful advice or tips would be apprecitated.

Its not a complete waste of time, you can get a judgement against him which would allow you other avenues to collect from him. (garnishments, liens etc.)

However, you do need to accept that its possible that you may not be able to collect this debt from him, and you may end up stuck with paying it yourself.

[nextwife]

Originally Posted by JCNMMSKYTTE

I kept my end of the decree and he hasnt.

However, you HAVEN'T kept up your part of the agreement YOU made with your lender. YOU jointly agreed to make those payments when they granted you that loan, and you have a responsibility to make sure the mortgage IS PAID.

The lender is not a party to any subsequent agreements the coborrowers choose to make between themselves. They have a right to get their payments, regardless of whether you and your choice of coborrower have decided to be together or apart.

Your divorce decree has zero impact on the mortgage and note you signed.

[JCNMMSKYTTE]

The loan was a personal expense loan not a mortgage. When I stated that I kept my portion of the agreement I ment that what the court ordered me to pay as far as what we had together. I had paid off what I was ordered and not this loan in dispute cause I no longer had the means to pay it since i paid all the other off. He was just sitting there with the funds from selling our house not even attempting to pay on this loan.

[mistoffolees]

Originally Posted by JCNMMSKYTTE

The loan was a personal expense loan not a mortgage. When I stated that I kept my portion of the agreement I ment that what the court ordered me to pay as far as what we had together. I had paid off what I was ordered and not this loan in dispute cause I no longer had the means to pay it since i paid all the other off. He was just sitting there with the funds from selling our house not even attempting to pay on this loan.

That doesn't matter. If you signed an agreement with the bank, you're responsible for it - no matter what the divorce court says.

[apaulk]

I understand what you're saying. You are pointing out the unfairness of the situation as between yourself and your ex, not between yourself and the bank. I think your ex can be shown to be clearly in contempt. If the court were to find that he was wilfully in contempt then he could be jailed for it. In addition to proof of his non-payment you may want to bring any evidence you can of his ability to pay.

[Proserpina]

Originally Posted by apaulk

I understand what you're saying. You are pointing out the unfairness of the situation as between yourself and your ex, not between yourself and the bank. I think your ex can be shown to be clearly in contempt. If the court were to find that he was wilfully in contempt then he could be jailed for it. In addition to proof of his non-payment you may want to bring any evidence you can of his ability to pay.

Really? Would this not be a civil matter? (there being a difference between criminal and civil contempt)

[LdiJ]

Originally Posted by Dogmatique

Really? Would this not be a civil matter? (there being a difference between criminal and civil contempt)

Even in civil contempt someone can be jailed for contempt and required to pay a purge....although its less likely in a case like this one. In a case like this one its far more likely that a judgement would be made that would allowed the OP to place liens against the ex.