2nd motion for contempt hearing...

[TracyAT]

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

What will happen at the 2nd contempt hearing?

I have already taken my ex to court once ,for contempt due to his non-payment of the debts that were agreed to that he would be responsible for paying in the final divorce decree. The divorce was final in January 2012, first contempt hearing was held March 2012. Now I have another scheduled for July 2012, for non-payment STILL. At the first contempt hearing, the judge said he would hold off on the jail time & fine if my ex started paying his bills as ordered.

At the first contempt hearing my ex was also ordered to pay me back for the bills I paid for him (my name is on those loans & debts also since my ex has no credit and still can't carry them alone).

Is there any chance that the judge might order his paycheck to be garnished to make sure I get paid back & the debts continue to get paid as ordered? How much jail time could he be looking at. My ex thinks he is untouchable, so I really hope he will be held accountable.

(I have done the entire divorce & contempt filings myself, pro se.)

 

[LdiJ]

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

What will happen at the 2nd contempt hearing?

I have already taken my ex to court once ,for contempt due to his non-payment of the debts that were agreed to that he would be responsible for paying in the final divorce decree. The divorce was final in January 2012, first contempt hearing was held March 2012. Now I have another scheduled for July 2012, for non-payment STILL. At the first contempt hearing, the judge said he would hold off on the jail time & fine if my ex started paying his bills as ordered.

At the first contempt hearing my ex was also ordered to pay me back for the bills I paid for him (my name is on those loans & debts also since my ex has no credit and still can't carry them alone).

Is there any chance that the judge might order his paycheck to be garnished to make sure I get paid back & the debts continue to get paid as ordered? How much jail time could he be looking at. My ex thinks he is untouchable, so I really hope he will be held accountable.

(I have done the entire divorce & contempt filings myself, pro se.)

First, its highly unlikely that a judge would attempt to jail your ex for contempt in this instance. US law does not allow for debtors to be imprisioned and what he owes you in the divorce (if not spousal or child support) is a purely civil debt. The most that a judge would likely give you is a judgement against him which would allow you various remedies under state law, which could include garnishing his wages and or other types of liens or levies. Basically you would be entitled to no more, and no less than any other creditor would be allowed under Montana law.

Second, depends on what the actual financial situation of your ex really is. If he is an unemployed deadbeat, with no assets, then your odds of ever collecting from him are slim to none. If he is a solidly employed individual, with no assets, who really doesn't care about his credit rating he might quit his job and go off the grid just to make sure that he gives you nothing, even if it tanks his financial future for life. (its amazing how many people actually DO that in a divorce) If he is a solidly employed individual who cares about his credit rating or has assets he cares about protecting a judgement against him may give him a serious wakeup call.

Third, if no child support or spousal support is involved, then he could file bankruptcy. While filing bankruptcy wouldn't completely negate your divorce decree it could make it very difficult for you to collect against him...again depending on the total circumstances of his bankruptcy.

My guess is that it likely to be in your best interest to take all your paperwork and consult a local attorney. I am not suggesting that you absolutely have to hire one, but I do think that you likely need at least the opinion of one.

 

[Ohiogal]

First, its highly unlikely that a judge would attempt to jail your ex for contempt in this instance. US law does not allow for debtors to be imprisioned and what he owes you in the divorce (if not spousal or child support) is a purely civil debt. The most that a judge would likely give you is a judgement against him which would allow you various remedies under state law, which could include garnishing his wages and or other types of liens or levies. Basically you would be entitled to no more, and no less than any other creditor would be allowed under Montana law.

WRONG. She is entitled to have him found in contempt of court and he CAN be sentenced to jail for not abiding by the terms of the court ORDER. He would not be jailed on his debt or for having debt. He would be jailed for wilfully not following a court order if he is found guilty. Hence, how those who are deadbeats on child support are sentenced to jail when it is contempt. So you are definitely wrong on contempt not being punishable by jailtime if it concerns court orders of debt. Whether this guy will be punished with jail, I do not know. Depends on the climate of the court.

Second, depends on what the actual financial situation of your ex really is. If he is an unemployed deadbeat, with no assets, then your odds of ever collecting from him are slim to none. If he is a solidly employed individual, with no assets, who really doesn't care about his credit rating he might quit his job and go off the grid just to make sure that he gives you nothing, even if it tanks his financial future for life. (its amazing how many people actually DO that in a divorce) If he is a solidly employed individual who cares about his credit rating or has assets he cares about protecting a judgement against him may give him a serious wakeup call.

As would spending time in jail until he paid a purge. Funny because someone owes GAL fees to me -- the court ordered her to pay them. She didn't. The court sentenced her to 4 days in jail on contempt -- not for the debt but for not following the court order.

Third, if no child support or spousal support is involved, then he could file bankruptcy. While filing bankruptcy wouldn't completely negate your divorce decree it could make it very difficult for you to collect against him...again depending on the total circumstances of his bankruptcy.

WRONG. Depends on what her court order states. Some court orders for repayment of debt SURVIVE bankruptcy. You don't know what her court order states so you cannot state that he could discharge it in bankruptcy.
I know my GAL fees can NOT be discharged in bankruptcy. Why? Because the court order has provisions built into it safeguarding against that.

My guess is that it likely to be in your best interest to take all your paperwork and consult a local attorney. I am not suggesting that you absolutely have to hire one, but I do think that you likely need at least the opinion of one.

I can agree with that since you were basically wrong on every other thing you stated. Seriously, you are clueless when it comes to contempt and court orders. That makes you dangerous to be giving advice.

 

[Ohiogal]

Just to further back up what I am stating:
996 P.2d 389 (Mont. 2000) Shawn LEE, Plaintiff and Respondent, v. Lisa Kerry LEE, a.k.a. Lisa Kerry Johnson, Defendant and Appellant.

The above case dealt with marital dissolution debt, bankruptcy (hey guess what -- NOT dischargeable and it included $3k in credit card debt), and jail time (Johnson spent time in jail for not paying the marital debt).And the appeals court upheld it:

¶ 41 Johnson correctly points out that if the court's purpose is to punish the contemnor for a specific act done and to vindicate the authority of the court, the contempt is "criminal." Kauffman, ¶ 17. This is in contrast to a sanction which attempts to force the violator's compliance with a court order, which is "civil" contempt. See § 3-1-519, MCA (providing that once adjudged guilty of contempt, a fine may be imposed not exceeding $500 or imprisonment not exceeding 5 days, or both) and compare with § 3-1-520, MCA (stating that when the contempt consists in the omission to perform an act which is yet in the power of the person to perform, he may be imprisoned until he shall have performed it). It is the ability to end the imprisonment that is the distinguishing factor and why it is often said that in a civil contempt case one carries the keys to the jailhouse in his own pocket. Kauffman, ¶ 17. We agree with Johnson that her 24-hour incarceration, with no indication from the District Court that this sentence could be forestalled by action on her part, was "criminal" in nature. We conclude, however, that all of the foregoing due process requirements were met in this case, and therefore the District Court did not exceed its jurisdiction as to the contempt order.

Do you need more evidence?

 

[Ohiogal]

ANOTHER Supreme Court of Montana case

266 Mont. 483 (Mont. 1994) - 880 P.2d 1379 -- In re the MARRIAGE OF Kenneth G. CRAIB, Respondent and Appellant, and Debra L. Rhodes, Petitioner and Respondent.

This case and the one before are BOTH from the MOntana Supreme Court. Both deal with nonpayment of marital debt.

Oh and it is NOT confined only to MT that nonpayment of marital contempt can end with someone going to jail. Ohio, Illinois and other states do the same.

 

[LdiJ]

To the original poster:

I will repeat my recommendation that you consult with a local attorney. Again, you do not have to hire one but paying for a hour of one's time will give you a far better picture of what remedies are available to you in this instance.

 

[Ohiogal]

To the original poster:

I will repeat my recommendation that you consult with a local attorney. Again, you do not have to hire one but paying for a hour of one's time will give you a far better picture of what remedies are available to you in this instance.

How about you admit you are clueless and that was the ONLY piece of advice that was anywhere near correct in your original post?

 

[TracyAT]

Thank you OhioGal. I am pretty familiar with our laws here & even the judement from our first contempt hearing says jail time & a fine can be a punishment. The child support was already being garnished, so that isn't (or wasn't) a problem. Now I'll be lucky if he even shows up for the next contempt hearing. He left his job, abandoned his car & left for Texas. He is working & getting paid under the table. I would love to consult with an attorney, but can't afford one, even for an hour. Especially since I'm getting stuck paying all my exes bills. But I am going to try to hire one to see if there is a way to remove me from being obligated to pay for the loans that are in both our names, but he is suppose to be paying for. I care about my credit, unlike him, but I can't afford this much longer.