What is the name of your state? Florida
Marital Settlement agreement states that former husband pay the mortgage on the house that former husband turned over to former wife as he wanted to remarry right after his divorce. Court found former husband is in contempt of the marital settlement agreement which states former husband would pay former wife the mortgage payment of the marital home as he was the only person holding the mortgage.
Former husband was found contempt of court not paying the mortgage that wife was force to sell marital home due to her not being able to afford the house/mortgage and all expenses. Former husband prior to former wife selling home gave former wife a notarized signed letter giving former wife permission to move and was never released from paying former wife the mortgage payments. It was understood at the time both parties that former wife continue paying former wife the mortgage payment even though house was sold and was to use that money to pay for her rent, former wife has two minor children.
Went to court and court ruled former husband was to pay her rent in lieu of paying the mortgage payment. Rent payments were over $200.00 less per month than the mortgage.
Former husband files appeal which appelatte court overturned the district courts ruling stating the district court had no right in changing the wording of the marital settlement agreement.
Former husband taking former wife back to district court asking for all the rent payments he paid her within the past year and half be reimbursed back to him. Former wife used all the rent payments former husband gave her in paying the rent for her and the childrens residence.
Question, is there any other case law that is similiar to this? Former wife does not have any assets and no money to pay former husband back. Another question, will the dictrict court rule in his favor for former wife to return all the money, when in fact, the district court made a huge error in this ruling?
Marital Settlement agreement states that former husband pay the mortgage on the house that former husband turned over to former wife as he wanted to remarry right after his divorce. Court found former husband is in contempt of the marital settlement agreement which states former husband would pay former wife the mortgage payment of the marital home as he was the only person holding the mortgage.
Former husband was found contempt of court not paying the mortgage that wife was force to sell marital home due to her not being able to afford the house/mortgage and all expenses. Former husband prior to former wife selling home gave former wife a notarized signed letter giving former wife permission to move and was never released from paying former wife the mortgage payments. It was understood at the time both parties that former wife continue paying former wife the mortgage payment even though house was sold and was to use that money to pay for her rent, former wife has two minor children.
Went to court and court ruled former husband was to pay her rent in lieu of paying the mortgage payment. Rent payments were over $200.00 less per month than the mortgage.
Former husband files appeal which appelatte court overturned the district courts ruling stating the district court had no right in changing the wording of the marital settlement agreement.
Former husband taking former wife back to district court asking for all the rent payments he paid her within the past year and half be reimbursed back to him. Former wife used all the rent payments former husband gave her in paying the rent for her and the childrens residence.
Question, is there any other case law that is similiar to this? Former wife does not have any assets and no money to pay former husband back. Another question, will the dictrict court rule in his favor for former wife to return all the money, when in fact, the district court made a huge error in this ruling?