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stevexo
stevexo, Family Law Attorney
Category: Family Law
Satisfied Customers: 1000
Experience:  30 years helping those with Family legal needs
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But is not true that if I can prove I can not possible make

Resolved Question:

But is not true that if I can prove I can not possible make the payment


I cant get in any trouble and also I have standing order if I let the house


go in to forcloser am I in contempt
Submitted: 1 year ago.
Category: Family Law
Expert:  stevexo replied 1 year ago.
31 years of family law litigation. Understanding of your concerns,and a good legal knowledge base. Hi glad to help, I am a practicing attorney in Florida, and have been so for the last 31 years. If you are able to prove that you do not have the ability to pay, that is a total defense to being held in contempt for non payment. If there is no ability to pay, then your non payment is not willful, and that is necessary for contempt. If you are ordered to make payments on the home, and you are not able financially to do so, then you do not have the ability to pay. If the home goes into foreclosure because of it, as long as you are working and doing your best, XXXXX XXXXX it becomes impossible, then legally a court should not hold you in contempt. It is only situations when the person really has the funds, and just won't pay, or could easily make the funds, but will not apply themselves, that contempt is applicable for non payment. Sincerely, Steve
stevexo, Family Law Attorney
Category: Family Law
Satisfied Customers: 1000
Experience: 30 years helping those with Family legal needs
stevexo and 8 other Family Law Specialists are ready to help you
Customer: replied 1 year ago.

But as I mentioned before the Forensic accountant say I made 7200.00


and this is what the judge based her findings on not on my financial


statement and he committed suicide 2 weeks later after lying about


my income, I was paying 250.00 per month for about 4 Weeks


until I went back to court were I was held in contempt but this


time I brought bank statements showing my true Income, the judge


said at the time I had money to pay but now I dont this is not true


I never had the fundes the accountant said I did, so any way I went


back to court yesterday the attorney said he could not get a replacement acconutant with out money, the judge says I must have


draw money out and turned it in to cash this is all false statements


for there is no proof of what can I do

Expert:  stevexo replied 1 year ago.
If the Judge found this, and as you state there is no evidence, then you either need to file a motion for rehearing if withtin 10 days, or if this is a final order you also could appeal it to a higher court within 30 days. The motion for rehearing is the easiest and least expensive route to go. Unfortunately, either the facts and evidence are against you, and or your attorney has not brought out facts that would help you. As if like you say there is no evidence, the attorney would object, and show the court there was no evidence. I do not really understand what is happening. It sounds as if you are having hearings and there is no evidence at all against you, yet you are held in contempt and loosing on these issues.I feel for you, and assure you that if, as you state, they have not produced any evidence, then it is clear you would win an appeal. If this judge is making these rulings with no evidence at all, the appellate court would for sure reverse.Those are the remedies you have if you feel that rulings are being made on insuficient evidence, or no evidence. Good Luck, Steve
Customer: replied 1 year ago.

Im going to send you my original question I need to know what I can do


now that the 30 days have elapsed


I am a father who went to court and had a Forensic account say I made 7200.00 a month with a 5000.00 a month over head, Im self employed and grossed 6700.00 not 7200.00 month and net 5000.00 per month, but the judge ordered me to pay attorney and accounting fees 1500.00 per month with a total of 20000.00, the payment were suppose to start 11/1/12 the accounten blew his brains out 11/1/12, so anyways I am unable to play this and I have suppled paper work to prove this but the judge still insistes I have to pay or she will put me in jail, I have 3 kids living with me have a 2500.00 amouth house payment the only way I can pay is to loose the houe I owe 63000.00 worth 200000.00 wht to do

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