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Old 09-10-2000, 03:35 PM
plantlady2256
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Unhappy

what can be done to push the x-husb to uphold the final divorce decree stating he had to refinance and file an assumption of mortgage package within 4 months of divorce short of going back to court? and if going back to court if the only way,can he be made responsible for paying the court costs, legal fees, lawyer fees and also have that cost taken directly out of his paycheck plus the fees necessary to pay the mortgage co refinancing costs so that it will happen immediately? he is notorious for doing nothing unless being forced to do so. he will ruin my credit rating because of his bad bill paying habits. he makes twice what i do and has the ability to pay for the refinancing but just doesn't want to do the paperwork and etc to make it happen. i hate to be the mean x-wife but can't a sheriff's deputy file a letter to him or something similar to make him understand there can be a higher cost for delaying what he is supposed to do? i am losing sleep over this. thanks for any help. plantlady2256@hotmail.com please have a legal counsel experienced in these matters answer this. thank you. divorce was in illinois cook county and it is now five months since the divorce.
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Old 09-10-2000, 04:34 PM
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Location: Los Angeles, California
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My response:

You have two courses of action, both of which rely on the courts. A sheriff cannot do anything.

You can file a Petition for Contempt of Court Re: Breach of Divorce Decree, or you can file a standard breach of contract lawsuit against him. Either way, he'll be paying for all of your attorney's fees, costs, etc., because I'm sure that there is an "Attorney's Fee and Costs" clause in your decree, correct?

IAAL

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