What If I Cannot Afford to Pay the Mortgage Like the Divorce Decree Requires?
Question: In our divorce, I was ordered to sell our marital home and to pay all of the expenses for it until it is sold. Will I be held in contempt of court if I can't afford to make the payments and the house goes into foreclosure?
Answer: Yes, you can be held in contempt under those circumstances. However, the Court can consider whether your failure to comply with the terms of the Order was "willful" or "not willful", which can impact what the Judge decides to do in that case.
Typically, the Court will not let someone be ordered to do something, fail to do it, harm the other side, and then not be punished in some way. Under the facts you listed, you may want to consider taking additional steps to sell the property (changing Realtors, reducing the price, etc.) to help remedy the situation as soon as possible.
Answer: Yes, you can be held in contempt under those circumstances. However, the Court can consider whether your failure to comply with the terms of the Order was "willful" or "not willful", which can impact what the Judge decides to do in that case.
Typically, the Court will not let someone be ordered to do something, fail to do it, harm the other side, and then not be punished in some way. Under the facts you listed, you may want to consider taking additional steps to sell the property (changing Realtors, reducing the price, etc.) to help remedy the situation as soon as possible.
I divorced 10 years ago. My ex still has not settled the QDRO. I have now retired and am going back to court to try to have my alimony payments of $700 per month ended. My ex is to receive $673 per month from the QDRO. I originally (in 2000)told my attorney that I would not agree to any settlement unless alimony ended when the QDRO began. I have the paperwork that my atty. gave me stating this, but the divorce decree stated that alimony would continue until the judge rules otherwise. My atty. explained to me that this was because my ex would not agree to those terms.I don't know if this is true or not. If she didn't agree to the terms,I didn't either. Why would the decree lean towards her disagreement, but not mine. How can I find out if my atty. did his job 8 years ago? I now have to go back to court to try to get the alimony terminated or reduced? I only agreed to completely end alimony at my retirement when this process originally began.
I am in the process of going through a divorce, and it getting ready to go to mediation in a month. I was awarded spousal maintenance, which was barely enough money to live. I am also in the process of filing for disability, and am unable to work due to a rare disease. I am having to pay for the divorce on my credit card, and I am very close to not being able to pay that payment as well. I do not want to ruin my good credit standing in the process. The attorney is telling me that I need to pay them in order for them to continue with my case. They further stated that they are a small law firm and need to be able to pay their bills to stay in business. My credit card balances are continuing to rise due to having to put basic living expenses on them. What about getting a new attorney!