Contempt of Court

[freedom54]

Help! In our divorce I agreed to pay 50% of a handful of bills, plus $1500 in attorney's fees. I was supposed to do this within 6 months, but my ex-husband hit me right up for a child-support garnishment (yes he received custody, thanks to Missouri's great laws, and no money to hire an attorney and the fact that I was terrified of him) and I haven't had any money to take care of the other bills. Now, he has filed contempt of court charges. My attorney says to get it paid, but I don't have the money. Can I file bankruptcy on any or all of the items in the divorce decree, including the attorney fees? Can I file bankruptcy on the 2nd home mortgage and that kind of stuff? My attorney says that if I don't pay, I could go to jail. What would that prove, as I would then be able to pay my child support of $1400 a month? Plus, now I am spending money on an attorney to handle all of this for me.

If you have any advice please let me know.

Thanks,
Michelle

 

[I AM ALWAYS LIABLE]

Help! In our divorce I agreed to pay 50% of a handful of bills, plus $1500 in attorney's fees. I was supposed to do this within 6 months, but my ex-husband hit me right up for a child-support garnishment (yes he received custody, thanks to Missouri's great laws, and no money to hire an attorney and the fact that I was terrified of him) and I haven't had any money to take care of the other bills. Now, he has filed contempt of court charges. My attorney says to get it paid, but I don't have the money. Can I file bankruptcy on any or all of the items in the divorce decree, including the attorney fees? Can I file bankruptcy on the 2nd home mortgage and that kind of stuff? My attorney says that if I don't pay, I could go to jail. What would that prove, as I would then be able to pay my child support of $1400 a month? Plus, now I am spending money on an attorney to handle all of this for me.

If you have any advice please let me know.

Thanks,
Michelle

My response:

It is highly doubtful that you'll qualify for BK. And certainly, you can never discharge child support obligations. BK will not save you from potentially going to jail because the "contempt" has already occurred. You will also get socked for "his" attorney's fees and costs as well, because contempt of court is viewed as "purposeful", and purposeful acts resulting in fines, payment of attorney's fees and costs, etc., are, likewise, non-dischargeable.

I would suggest that you get a loan as soon as possible to pay off these ordered debts - - because judges really take a dim view of people who don't follow and obey their orders. Contempt of court can, as you're going to find out, be extremely costly for the comptemnor, both in loss of money and in loss of personal freedom (i.e., jail time).

IAAL

 

[freedom54]

I fully intend to pay my child support costs and everything else. I can't get a load because he let two houses go into foreclosure before our divorce was final and I don't seem to have any recourse on getting that off of my record. Is there any way to stay out of jail if I don't have any money? I am paying almost $1500 a month in child support which leaves me about the same. I could probably afford $200 a month, in some kind of a monthly payment. I don't know where to turn.

Thanks,
Michelle

 

[lildevil719]

not sure if this will work or not, but you might try consumer credit counseling services...you can put all of your bills on here and they will work with your debtors to lower interest and things like that...The court might not let you do this, but if you try, at least you'll show that you're attempting to pay the bills...it's worth a try, right?

 

[MySonsMom]

You were ordered to pay $1500/month in child support?

 

[freedom54]

Yep! It seems you get penalized for achieving a successful career and having a bum of an ex-husband who didn't want to work.

 

[lildevil719]

ps...make sure you pay those attorneys...your current one and the one whose fees you agreed to pay...the attorneys can take out a lien on your house(or car, or anything else of monetary value that you have)

 

[MySonsMom]

Wow. That's more than what my paycheck is a month! So why did you lose physical custody?


[Edited by MySonsMom on 11-28-2000 at 03:53 PM]

 

[freedom54]

He threatened that if I didn't sign the papers, he would kill me and I believed him. That simple.

 

[Grandma B]

He threatened that if I didn't sign the papers, he would kill me and I believed him. That simple.

How frightening and also sad. Were you also afraid to report the threats, or did you simply receive no help/advice? Is your child safe with him?

 

[Bumpy]

I pay took all the debt incurred during our marriage, payed her attorney fees as well as mine, and pay her $1900 a month in child support and $1100 a month in alimony. I know exactly how it is to be successful and have an ex who could be successful too (I put her through school) but doesn't want to work. I know exactly how you feel. Did I mention I also support her live-in boyfriend who doesn't want to work either.

 

[MySonsMom]

OMG Bumpy! She/They hit the jackpot with you.

 

[Bumpy]

I guess so, but I learned a long time ago something she has never learned. Money doesn't buy happiness and I am happy. That's more than I can say about her. From her actions, she's an unhappy woman who will say and do anything to me or my kids to try and make my life miserable. The sad thing is she lost control over me and uses the one thing she can control me with, my kids.

 

[freedom54]

I was scared to report his actions, but he also made sure he never did it in front of anyone. Most people thought he was the next best thing to Jesus, and many still do. But as time goes on, people see him for what he is.

Money does not buy happiness! That is for sure. We have to learn to be happy and not let those around us hurt us.

 

[Bumpy]

I can tell you what I did to help with the financial strain. First, try to find a low interest credit card and consolidate what you can on the one card with a low interest rate. Then, budget, budget, budget!!! Create one and stick to it!! Keep track of your spending and always pay more than the minimum on the credit card. It's not easy but in a short time, you will see the benefit. It won't happen overnight but soon you will have reduced your debt and have a little more money. It's always easier to climb into a deep hole of debt than to climb out.