Family Law Questions? Ask a Family Lawyer Online.
Hi - my name is ***** ***** I'll be glad to assist.
You're correct that you should file a motion for contempt of court against her and ask the judge to require her to allow you to recover your property AND also ask the court to issue a penalty against her (which could range from a warning to a fine to even being jailed).
You should consult your attorney about filing your contempt motion and try to get this before the court as soon as possible. You could also seek your attorney's fees as part of the petition.
That's a good question, and one that would be hard for me to answer based on the limited information here because I don't know if both mortgages were discussed in court, if anything was stated by the judge regarding both mortgages, etc. That said, it would appear to include any mortgage, but without clarification, no one could say for sure.
Your best option is to file a motion with the court for clarification of the judgment and to get the judge's interpretation of the order.
I understand that, but if she is refusing to pay, then you're probably going to have to go back to court, and with that being the case, you can ask the court to compel her to comply with the order and ask the court to reiterate that she must pay both.
No problem and good luck with this. IF you need anything further, please let me know.
Unless the MSA says that her obligation doesn't begin until you perform some task (pay alimony), her argument is likely futile.
If there's no caveat or condition requiring your payments to start before hers, I don't see how her argument holds water.
In that case, it doesn't stand to reason that her logic would hold up.