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FamilyAnswer
FamilyAnswer, Lawyer
Category: Family Law
Satisfied Customers: 16180
Experience:  7 + years of handling Family Law, Divorce, Child Custody and Child Support cases
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The court Im still trying to resolve my divorce issues in

Resolved Question:

The court I'm still trying to resolve my divorce issues in 6 years later, has made some pretty bad decisions, costing me thousands of dollars. What would be my best option if this court can't seem to get this right? Appeal at this level, or can I take her to civil court & try get satisfaction on some of these issues?
Submitted: 1 year ago.
Category: Family Law
Expert:  FamilyAnswer replied 1 year ago.
Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help solve your problem.

Good morning. I certainly understand your concern. What issues are you trying to get satisfaction on and what has the court that is handling the divorce done, to prevent it from being final after 6 years?
Customer: replied 1 year ago.

It's mainly my ex's non compliance with paying her obligations. For example, while she was allowed to live in the home early in the divorce, she paid basically no bills, as requested in the agreement, including letting the home go into foreclosure twice in less than 2 years, I covered her missed payments & was given credits. But along the way, the court never factored in the home equity loan deduction part of the marital home equity equation, as required in the dissolution agreement, so my ex is now trying to skate away from this obligation, & so far the court seems to be siding with her, even though she never paid towards this home equity loan as required, and the balance had risen to over $38,000.00, before I was finally able to pay it off last summer. She had a moving sale, sold all the marital residence furniture, before giving notice to 'anyone' - court didn't care, she kept all the proceeds. Etc....

Expert:  FamilyAnswer replied 1 year ago.
Dan, thank you for the additional information. If she is failing to comply with her legal obligations, as ordered by the court, she could be held in contempt. You would need to file a motion with the court and bring her before the Judge, to have her explain why she is failing to comply. An appeal is used when the lower court fails to follow the law. The appeals court is not used when the Judge makes a ruling that is not favorable to one party, assuming the ruling is based upon the law. If she has failed to comply, the agreement which you entered into should lay out the consequences for failing to do so. If it does not, then you would need to take her back to court as suggested above or seek to sue her, civilly, for damages suffered as a result of her breach. For example, if she sold martial property/assets without permission and made a profit, it should be shared with you, since you have a legal interest in those items. Moreover, if you paid the mortgage as a result of her failing to do so, to save the home and your credit, it is possible to obtain a judgment against her, which you can try and enforce.

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FamilyAnswer, Lawyer
Category: Family Law
Satisfied Customers: 16180
Experience: 7 + years of handling Family Law, Divorce, Child Custody and Child Support cases
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