Found in contempt now what

[cwhite4146]

What is the name of your state (only U.S. law)? GA After a late marriage of 4+ years, a final divorce decree filed May 11, 2009, petition filed March 18, 2008, (the defendant being myself), ordered me responsible for shared debts incurred during the marriage. On a plaintiff's motion for attorney's fees regarding defendant's motion for clarification hearing scheduled August 31, 2009 (my ex refuses to let me have my premarital property, but, however, motion was denied, and was ordered to pay plaintiff's attorney fees), plaintiff's attorney asked the judge by letter dated August 19, 2009, postmarked August 26, 2009, to add an application for citation for contempt on me for failure to take care of the debts. Notification letters written by me sent to the debtors since May, 11, 2009 explaining my responsibility and not to contact plaintiff were not submitted into evidence. I have contact with the company reps by telephone and fax. I am ordered to pay plaintiff's attorney's fees on the contempt, plus some discovery fees incurred by plaintiff dating back to March of 2008, by November 3, 2009 in full; the fees on the motion for clarification by December 3, 2009. An affidavit for my arrest will be sent to the sheriff on November 3, 2009, if I fail to pay as stated in the final order filed September 3, 2009. During the hearing on August 31, 2009, the judge was not made aware of the fact that I am unemployed nor did she inquire about by financial ability. I remain unemployed since I lost my job back in March 2008 due to this divorce (plaintiff secretly took the car I was driving as a company car and sold it) and have only worked seasonal jobs. Do I have a chance to show the court that I have no means with which to pay before I get arrested? Should I ask for a rehearing or whatever it may be called? Nearly 60 and so tired of the unfairness.

 

[LdiJ]

What is the name of your state (only U.S. law)? GA After a late marriage of 4+ years, a final divorce decree filed May 11, 2009, petition filed March 18, 2008, (the defendant being myself), ordered me responsible for shared debts incurred during the marriage. On a plaintiff's motion for attorney's fees regarding defendant's motion for clarification hearing scheduled August 31, 2009 (my ex refuses to let me have my premarital property, but, however, motion was denied, and was ordered to pay plaintiff's attorney fees), plaintiff's attorney asked the judge by letter dated August 19, 2009, postmarked August 26, 2009, to add an application for citation for contempt on me for failure to take care of the debts. Notification letters written by me sent to the debtors since May, 11, 2009 explaining my responsibility and not to contact plaintiff were not submitted into evidence. I have contact with the company reps by telephone and fax. I am ordered to pay plaintiff's attorney's fees on the contempt, plus some discovery fees incurred by plaintiff dating back to March of 2008, by November 3, 2009 in full; the fees on the motion for clarification by December 3, 2009. An affidavit for my arrest will be sent to the sheriff on November 3, 2009, if I fail to pay as stated in the final order filed September 3, 2009. During the hearing on August 31, 2009, the judge was not made aware of the fact that I am unemployed nor did she inquire about by financial ability. I remain unemployed since I lost my job back in March 2008 due to this divorce (plaintiff secretly took the car I was driving as a company car and sold it) and have only worked seasonal jobs. Do I have a chance to show the court that I have no means with which to pay before I get arrested? Should I ask for a rehearing or whatever it may be called? Nearly 60 and so tired of the unfairness.

Here is the deal....

You were ordered to pay your share of the debts. The creditors are not a party to your divorce decree therefore they can and will go after your ex if you fail to pay what you were ordered to pay. It doesn't matter if you have written letters to them accepting full responsibility. They are only bound by the original credit agreements.

I understand that you feel that the contempt is unfair. However, under the law, it is unfair that your ex's credit is damaged due to your lack of payment.

If you have no assets, then you are however, judgement proof. If you have assets, then you need to be doing something to get the debts paid.

How could your ex have sold a car owned by your employer? Your ex wouldn't have had the title.

 

[mistoffolees]

Do I have a chance to show the court that I have no means with which to pay before I get arrested? Should I ask for a rehearing or whatever it may be called? Nearly 60 and so tired of the unfairness.

It's far too late for that. If you thought that the division of debts was unfair, you should have said something back at the original trial. Once the debt was assigned, it's your problem. The creditors are owed the money - whether you have a job or not.

You can always TRY to get the court to readdress the debt issue, but that won't really help with the creditors where your name is on the debt. It's also unlikely that the judge is going to change the division of debt because you lost your job.

You're in a tough situation - you really need to find a way to pay the debt. Even if you were to file for bankruptcy or negotiate with the creditors to pay a lesser amount, you could still be sued by your ex for damaging her credit.

There's nothing in your post to support your allegations that the process was unfair. It's possible that the original division was, but there's no way of determining that and it's irrelevant at this late date, anyway. The creditors have the right (and the responsibility to their shareholders) to collect the debt and your ex has the right to not have her credit ruined by your non-payment.

 

[cwhite4146]

Here is the deal....

You were ordered to pay your share of the debts. The creditors are not a party to your divorce decree therefore they can and will go after your ex if you fail to pay what you were ordered to pay. It doesn't matter if you have written letters to them accepting full responsibility. They are only bound by the original credit agreements.

I understand that you feel that the contempt is unfair. However, under the law, it is unfair that your ex's credit is damaged due to your lack of payment.

If you have no assets, then you are however, judgement proof. If you have assets, then you need to be doing something to get the debts paid.

How could your ex have sold a car owned by your employer? Your ex wouldn't have had the title.

I understand your first three paragraphs. I am okay with the judge's division of debts. I intend to pay them as soon as I get back on my feet. Brought against me by my ex-husband, represented by counsel, who states and demands that my actions are not enough, the contempt ordered me to pay all his attorney's fees (not the debts) by November 3, 2009 or get arrested. The judge never mentioned anything about my earnings or questioned my ability to comply with the contempt order. I just want the judge to know I am ordered to do the impossible at this stage in my life.

As far as the car goes, I used our marital car in performing my job. I had to use my own car with specific liability insurance and could not use a rental.

 

[cwhite4146]

It's far too late for that. If you thought that the division of debts was unfair, you should have said something back at the original trial. Once the debt was assigned, it's your problem. The creditors are owed the money - whether you have a job or not.

You can always TRY to get the court to readdress the debt issue, but that won't really help with the creditors where your name is on the debt. It's also unlikely that the judge is going to change the division of debt because you lost your job.

You're in a tough situation - you really need to find a way to pay the debt. Even if you were to file for bankruptcy or negotiate with the creditors to pay a lesser amount, you could still be sued by your ex for damaging her credit.

There's nothing in your post to support your allegations that the process was unfair. It's possible that the original division was, but there's no way of determining that and it's irrelevant at this late date, anyway. The creditors have the right (and the responsibility to their shareholders) to collect the debt and your ex has the right to not have her credit ruined by your non-payment.

I do not want the judge to change the division of debts; I wasn't working when she first made the decision, anyway. I intend to pay them as soon as I can get back on my feet. The contempt was brought against me by my ex-husband, who was represented by counsel, because he states and demands that my actions according to the final order are not enough. I am ordered to pay all my ex-husband's attorney's fees (not the debts) by November 3, 2009 or get arrested. The judge never asked me anything about my earnings or questioned by ability to comply with the contempt order. Am I to go to jail because the judge assumes I can comply, or that I can do the impossible? Is that fair? Is there going to be enough room in jail for me when I get there?

 

[mistoffolees]

I do not want the judge to change the division of debts; I wasn't working when she first made the decision, anyway. I intend to pay them as soon as I can get back on my feet. The contempt was brought against me by my ex-husband, who was represented by counsel, because he states and demands that my actions according to the final order are not enough. I am ordered to pay all my ex-husband's attorney's fees (not the debts) by November 3, 2009 or get arrested. The judge never asked me anything about my earnings or questioned by ability to comply with the contempt order. Am I to go to jail because the judge assumes I can comply, or that I can do the impossible? Is that fair? Is there going to be enough room in jail for me when I get there?

Your ex-husband didn't find you in contempt. The judge did.

The judge won't ask you about your ability to pay. It is up to you to ask for consideration. You can try asking for more time. If you have a very strong reason, you may even get it. But you can't complain about the system being unfair because the judge didn't ask you whether it was OK for you to pay it on his schedule. It is completely up to you to object and request an extension.

 

[cwhite4146]

Your ex-husband didn't find you in contempt. The judge did.

The judge won't ask you about your ability to pay. It is up to you to ask for consideration. You can try asking for more time. If you have a very strong reason, you may even get it. But you can't complain about the system being unfair because the judge didn't ask you whether it was OK for you to pay it on his schedule. It is completely up to you to object and request an extension.

I always believed you were found in contempt when you did something intentional or willful against a court order, in violation of a court order. The judge told me I can be held accountable for anything before any court order is signed. Taking the high ground, all that's left for me is to stand up for myself. I will be asking for more time (wish me luck ... with the judge). What would be a strong reason -- online training, terminally ill parent, job offers? I really do appreciate your taking your time.

 

[mistoffolees]

I always believed you were found in contempt when you did something intentional or willful against a court order, in violation of a court order. The judge told me I can be held accountable for anything before any court order is signed. Taking the high ground, all that's left for me is to stand up for myself. I will be asking for more time (wish me luck ... with the judge). What would be a strong reason -- online training, terminally ill parent, job offers? I really do appreciate your taking your time.

The strong reason would be whatever the real reason is.

You will want to explain to the court that you are not fighting the debt and realize that you will have to pay it but due to present circumstances (whatever they are), you are unable to do it at this time, so you propose the following plan for clearing the debt.

If you have a good, solid reason for doing so, the court is probably not going to object. After all, you're not going to be able to pay ANYTHING while you're in jail. You need to make sure you stick with whatever plan you work out with the court, though.

Of course, that simply gets you out of immediate trouble with the court. You still need to work out a payment plan with the creditors, as well.