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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
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Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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i divorced in ct in 2007. I was responsible for paying the

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i divorced in ct in 2007. I was responsible for paying the mortgage an fell behind due to loss of income. I received a settlement from my moms death and used the funds for home repairs and bills. i applied for a loan modifcation but was denied because my ex refused to quitclaim. dec 2010 the judge found me in contempt and set a cash bail of 45,000. i spent 2 weeks in jail.
she then lowered the bail to 5000 which i borrowed from a friend who is saving for her daughters wedding. I now have to appear in court again jan 4th 2012. I live in ga and this is a great hardship. My attornery petitioned that i not appear but was denied. My question is can the judge send me back to jail
Submitted: 5 years ago.
Category: Legal
Expert:  Law Educator, Esq. replied 5 years ago.
Yes, the judge can send you back to jail for contempt of court for not complying with the terms of the divorce decree. If you require your husband's cooperation to modify the mortgage, this is a valid defense for your attorney to raise here and seek to get the court to order your husband to cooperate with you getting the modification, as part of any divorce agreement is that the two spouses are expected by the court to cooperate with one another to accomplish the terms of the divorce settlement order and ask the court to order him to cooperate to allow you to try to obtain a modification or refinance.

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