Question:
My ex-wife has consistently been late on our home loan payments and I would like to file for contempt of court. What is the process for doing so?
Answer:
While I am not licensed to practice law in your state, I can give you some general guidance on this issue. The rest of my answer is based on my experience practicing law in Georgia as a licensed Georgia attorney.
If the decree states that she was to maintain payments for the loan and she is consistently late on payments, then that certainly appears to be a violation of that decree and possible contempt of court.
Normally when there is an issue of contempt, I advise clients to begin with a formal demands letter written by an attorney. This letter cites the specific provisions of the decree that are being violated and gives her a very limited period of time to cure the deficiency.
If she fails to do so, then there is little option left but to file an action for contempt.
Filing for contempt is similar to filing for divorce in a lot of ways. A new case is opened, a new petition is filed, and your ex-wife would need to be properly served. At court, you would show evidence that the contempt took place, show that the violation was willful, and ask the court to take specific actions such as require her to take certain measures with the loan, pay you for your attorney fees, and reimburse you for any financial injuries you suffered as a result of the contempt.
To arrange an initial consultation to discuss divorce rights for men with a Cordell & Cordell attorney, including Georgia divorce lawyer Adam Sutton, contact Cordell & Cordell.
What if my ex abandons the property she got in the divorce? My situation is one in which she took financial responsibility, but the loan was in my name only. Judge ordered her to take financial responsibility, she did not refinance and she has not made a payment in over 2 years. Do I just keep making the payments to save my credit only to see when the house is paid off that she gets to keep it? She is renting the house, keeping the money, and laughing at me every time I make a payment. I cannot allow it to foreclose because I am in business for myself and I need the lines of credit that I have established over the last 18 years to stay in business.