MarcyDail1
Junior Member
What is the name of your state? Oklahoma
The divorce has been going on for over a year. My friend has been charged with contempt of court because he now has the inability to continue paying all of the marital debt. His income has drastically lowered in the past 1 1/2 years. The divorce proceedings have been continued 5 times due to the ex wife checking herself into a hospital and such. The question is, he is to go to the contempt proceedings and prove that he does not have the "ability to pay" the debts. Would the fact that he has available credit on his credit card, but cannot pay the minimum payment, be the ability to pay debt. Would the court view the available credit line as the ability to pay debt or view it as the ability to charge up more debt? Should he pay debt with the credit line, and not pay the minimum payment, in order to not be in contempt of court?
Thanks so much
The divorce has been going on for over a year. My friend has been charged with contempt of court because he now has the inability to continue paying all of the marital debt. His income has drastically lowered in the past 1 1/2 years. The divorce proceedings have been continued 5 times due to the ex wife checking herself into a hospital and such. The question is, he is to go to the contempt proceedings and prove that he does not have the "ability to pay" the debts. Would the fact that he has available credit on his credit card, but cannot pay the minimum payment, be the ability to pay debt. Would the court view the available credit line as the ability to pay debt or view it as the ability to charge up more debt? Should he pay debt with the credit line, and not pay the minimum payment, in order to not be in contempt of court?
Thanks so much