Contempt Questions

[seberly]

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

If it's helpful I live in Butler County, Ohio.

I was divorced April, 2009. In the divorce decree my wife is responsible for the 2nd mortgage on the house (Loan is my name only), and I agreed to be responsible for the 1st mortgage (Loan is also in my name only). I retained the home, it wasn't sold because it's underwater. We have 50/50 shared parenting of our 2 boys. My questions are -

If the 2nd mortgage is due on the 8th of the month, and it's not paid by the
8th is that contempt? This is something that leads to arguements every month. Her response is always "I don't see where it has to be paid on any date." I guess to myself, and apparently my lawyer and the judge assumed the 2nd mortgage would need to be paid by the due date.

Her latest is threat is that she will pursue full custody. If we've agreed to shared parenting would she really have a chance of gaining full custody?

Thanks for your assistance.

 

[Ohiogal]

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

If it's helpful I live in Butler County, Ohio.

I was divorced April, 2009. In the divorce decree my wife is responsible for the 2nd mortgage on the house (Loan is my name only), and I agreed to be responsible for the 1st mortgage (Loan is also in my name only). I retained the home, it wasn't sold because it's underwater. We have 50/50 shared parenting of our 2 boys. My questions are -

If the 2nd mortgage is due on the 8th of the month, and it's not paid by the
8th is that contempt? This is something that leads to arguements every month. Her response is always "I don't see where it has to be paid on any date." I guess to myself, and apparently my lawyer and the judge assumed the 2nd mortgage would need to be paid by the due date.

Her latest is threat is that she will pursue full custody. If we've agreed to shared parenting would she really have a chance of gaining full custody?

Thanks for your assistance.

What exactly does it state regarding the second mortgage AND other debt? Also, how many times has it been late and HOW late? Why is she paying the second mortgage if YOU are the one benefiting from the home? If there is shared parenting, time may be changed with any change in circumstance but changing custody REQUIRES a SUBSTANTIAL change in circumstance.

 

[seberly]

**Division of Property**

It is hereby ordered, adjudged and decreed the plaintiff (me) shall retain all right title and interest to the real estate located at (address). Plaintiff shall be responsible for the payment of the first mortgage to CitiMortgage, taxes and insurance associated with said real estate and hold defendant harmless for payment of the same. Defendant (ex wife) shall be responsible for the payment of the second mortgage to Homecomings Financial until said loan is paid off, and hold Plaintiff harmless for payment of said second mortgage. It is further ordered that defendant shall execute all necessary documents in order to transfer title of said real estate to Plaintiff withinti 120 days of the filing of this decree.

The house was never sold because nothing would be gained by it the mortgage value exceeded the value of the house. Also the car that she drives was also on the 2nd mortgage.

Last month she was late a day. This month she will be late again if it's not paid by midnight tonight. What concerns me is that she is saying if I go to my Lawyer regarding this, that she will file for full custody..