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9/5/2015 3:08:05 PM Any experience with contempt of court?  

mtnboy70
Over 4,000 Posts! (6,167)
Villa Rica, GA
46, joined Oct. 2011


I am the primary custodian of my daughter. Her mom is taking me to court for contempt. She took out a loan to pay off her credit cards during the divorce. She stopped paying and they are coming after her. It was against the house, which I lost during the meltdown many years ago. Says I'm responsible. Threatening jail time. Can you go to jail for your business, life and house falling apart?

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9/5/2015 5:45:37 PM Any experience with contempt of court?  

cbrooks101064
Hiram, GA
52, joined Aug. 2014


I don't think you are responsible. The divorce was in progress and she took it upon herself to get the loan. If it is in her name only I wouldn't think you are responsible in any way. But they will put her in collections and then possibly garnish her wages with no jail time but if there is actually contempt of court jail time is possible. But the right person to ask would be your lawyer.



[Edited 9/5/2015 5:47:50 PM ]

9/5/2015 6:57:23 PM Any experience with contempt of court?  

mtnboy70
Over 4,000 Posts! (6,167)
Villa Rica, GA
46, joined Oct. 2011


I have an appointment with my lawyer Thursday. Was their office that let me known it was happening. October 30 court date. The agreement was I was to sell the house within two years of the divorce. The profits to be split and her to pay the loan off with her half. The bottom fell out and at its worse the house was worth twenty four thousand less than owed. My business tanked as well. I asked her along the way to let me sell early. Then a quick sell. Offered her all profit if any. She wouldn't let me sell. It was in both our names. She was informed all along the way. This was years ago. Now the folks are going after her for her loan and she wants blood.

9/5/2015 7:35:29 PM Any experience with contempt of court?  

cbrooks101064
Hiram, GA
52, joined Aug. 2014


Good luck with it all and I hope it goes well.

9/6/2015 1:40:14 AM Any experience with contempt of court?  

pickygirl72
Over 10,000 Posts!!! (19,556)
Pinon Hills, CA
46, joined Sep. 2011


no. She needs ammo to fu ck with you.

9/6/2015 10:51:00 PM Any experience with contempt of court?  
pahoalookout
Over 2,000 Posts (2,632)
Dearborn, MI
76, joined Nov. 2007


You said the debts were created before the divorce was final?

If that's true, then you can be held equally responsible for them, I think. I know I was.

To put it another way, If she won the Lotto before the divorce was final, would you want half as community property??

Same principle.



[Edited 9/6/2015 10:51:44 PM ]

9/7/2015 2:22:19 PM Any experience with contempt of court?  

mtnboy70
Over 4,000 Posts! (6,167)
Villa Rica, GA
46, joined Oct. 2011


My question is about contempt. It is my understanding that it is the willful disregard for the court order. If the market or circumstances left things out of your hands, how can you willfully not comply? She has taken me to court before for contempt. Both times she backed off before it got to court. But every time it costs to retain attorneys.

I understand your statement. And if she won the lottery I would be jumping up and down. And not suing for half. It would mean peace of mind for me lol.

9/9/2015 12:25:21 PM Any experience with contempt of court?  

pdforone
Over 10,000 Posts!!! (27,219)
Litchfield, OH
65, joined Jul. 2010


Quote from mtnboy70:
I am the primary custodian of my daughter. Her mom is taking me to court for contempt. She took out a loan to pay off her credit cards during the divorce. She stopped paying and they are coming after her. It was against the house, which I lost during the meltdown many years ago. Says I'm responsible. Threatening jail time. Can you go to jail for your business, life and house falling apart?



It's hard to even guess unless we know what would be the reason for the contempt of court? She will probably have to prove it? Courts generally don't go for he said she said? What agreements were filed with the court in the divorce process? If the home loan was underwater? It's her loss too?

9/9/2015 3:17:03 PM Any experience with contempt of court?  

luckylouie42
Over 4,000 Posts! (5,992)
Cedar Grove, WV
74, joined Mar. 2008


be humble, plead ignorance lol, if you appear aggressive, the judge will bust your ass.

9/9/2015 5:01:47 PM Any experience with contempt of court?  

purplerider1200
South Bend, IN
61, joined Aug. 2011
online now!


I'm rather surprised that the loan company actually gave her money for that. Sounds like they didn't do a title search properly. My guess is they're trying to intimidate you into making the payments. Talking to an attorney is a good move on your part.

9/9/2015 5:18:21 PM Any experience with contempt of court?  

mtnboy70
Over 4,000 Posts! (6,167)
Villa Rica, GA
46, joined Oct. 2011


There is no doubt I was supposed to sell the house within two years. The value went straight down hill. The whole neighborhood did. Some houses went section eight. I had asked all along the way to sell. She balked saying she wanted profit out of the house. I offered all if any instead of splitting it. It went down even further. Way underwater. My business failed and since she wouldn't let me sell I rented it for just the mortgage payment. That guy lost his job and after months of me paying the difference he couldn't come up with,it got beyond me. All along she was informed. This was eight years ago. I lost the house. She was informed all along the way. No animosity no court calls,etc. I have no idea about her loan. I'm not on it and they won't even talk to me since I'm not. Evidently she defaulted at some time and now they are collecting. She called six months ago saying I should pay it. Acted like she had no idea about what happened eight years ago. Says since she borrowed against the house I am responsible. My question is of contempt. I understand it as being able to and willfully disobeying a court order. I tried my best to sell the house and kept no secrets. I'm in no shape now to pay her loan for her cards. Don't even known anything about it.

9/21/2015 11:21:22 PM Any experience with contempt of court?  
ms_holland
Over 2,000 Posts (2,651)
Danville, AL
53, joined Mar. 2014


Quote from purplerider1200:
I'm rather surprised that the loan company actually gave her money for that. Sounds like they didn't do a title search properly. My guess is they're trying to intimidate you into making the payments. Talking to an attorney is a good move on your part.




Sounds like she got herself into a fix and is trying to blame you.

If anything, counterclaim against her for comtempt of court. After all it is her fault that you were not able to comply with the court order in a timely basis.

Sometimes you have to fight fire with fire.

Take the aggressive stance. Don't let her have the upper hand, turn the tables on her.



[Edited 9/21/2015 11:23:16 PM ]

9/21/2015 11:24:32 PM Any experience with contempt of court?  
ms_holland
Over 2,000 Posts (2,651)
Danville, AL
53, joined Mar. 2014


Also, go back in the original divorce decree and see who is responsible for what debts. That will tell you all you need to know right there.