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X-wife wont pay

Discussion in 'Divorce, Separation, Annulment' started by weatherman55, Feb 1, 2011.

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  1. weatherman55

    weatherman55 Law Topic Starter New Member

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    At the time of the divorce, I agreed to pay a loan and inturn she pay me money that she owes me. She agreed to that. I have been faithfully paying on the loan for many years now but she has not paid anything to me.. and refuses to pay anything due to the fact that she says she cant afford it.( either can I ) I feel that since I have been meeting my obligations, she should also. I decided to stop making payments on the loan until she starts meeting her obligations. She refuses to talk to me and work this out. I am forced to re-open this case so that this matter can be closed. I have no problem paying the rest of the loan but I feel that she needs to do what the court ordered her to do also. Is she in contempt of of court since she hasnt paid anything? Am I also in contempt of court since I stopped making payments? I made an effort.. she didnt. What do you suggest I do? I cant afford a lawyer to advize me.
     
  2. army judge

    army judge Super Moderator

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    As they say, "Do you."
    In essence, do what you're supposed to be doing.
    The court will take care of her for not doing what she was ordered to do.
    Yes, she could be held in contempt.
    When all is said and done, so could you.
    So, do what you should be doing, pay teh bill.
    Ask the court to hear your problem.
    The judge will deal with her.
    But, make sure your hands are clean!
    Otherwise, he'll deal with you, too!
     
    weatherman55 likes this.
  3. weatherman55

    weatherman55 Law Topic Starter New Member

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    Thank you for your reply... I would like to ask you another question if I may.. It is stated BELOW.. thanks
     
    Last edited: Feb 4, 2011
  4. weatherman55

    weatherman55 Law Topic Starter New Member

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    I really dont want to take this back to court. But I will if thats what needs to be done.
    I dont want to be held in contempt so I will get the finances to pay what the court ordered. I will hold up to my obligations. Thank you for your advice.
    I understand you saying that the judge will deal with HER but can you give me an idea of what MAY happen.
    I have heard that:
    1. the judge can force her to pay.
    2. she will be on probation until it's paid in full
    3. she has 12 months to pay.
    4. if payments are not made, she could be held in contmept.
    5. her wages can be garnished
    6. and worse.. she can go to jail. ( I wouldnt want that to happen)
    Is any of this true? I want her to understand what MAY happen and then MAYBE we can settle this out of court.
     
  5. Proserpina

    Proserpina Moderator

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    Realistically, you may have to sue her in small claims court to be reimbursed.


    1 - The judge can order her to pay...but the judge cannot physically force her to do so.

    2 - No probation; this is a matter of civil contempt, not criminal.

    3 - That might be a condition, yes.

    4 - That's possible, yes.

    5 - If there is a judgment against her, yes - her wages can be garnished. However if she claims "Head of household" status your state exempts her earnings from garnishment.

    6 - Not happening. She's not going to jail for a civil contempt matter even if she never, ever pays.


    Unfortunately there is a very real possibility that you will never be reimbursed.

    It's sad, but true.
     

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