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I have an Ex-wife who had her attorney send me a letter this…

Second opinion] I have an...
Second opinion] I have an Ex-wife who had her attorney send me a letter this week that if I don't pay her the judgment money from our divorce - half of her school loan on a 4-year marriage - that he will file an order to show cause against me and push for jail time. As I was looking through the state website on how to file motions it says: "The court will enter an order in accordance with the settlement or after a hearing. An order to pay money is a judgment, but it is not a contempt order. A contempt order will order some type of punishment for the offending party, which may include jail time and/or the payment of a fine.So is the attorney bluffing just to get me to agree to make large monthly payments to my Ex or can he file an OSC, find something they can dredge up, and still bring that up to the Judge? If they cant file on a judgment of money does that add to my case to file a stalking injunction against him - he does this frequently over an 8 year period?Thanks
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Answered in 17 hours by:
3/15/2018
Olivia Kent
Olivia Kent, Family Law Attorney
Category: Family Law
Satisfied Customers: 3,328
Experience: Partner at Kent Law Group, LLC
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Hello and welcome to JustAnswer. My name is ***** ***** I'm an attorney. Please note this site is general information for educational purposes only and doesn’t constitute not legal advice. You might be offered a phone call, but you are under no obligation to accept; the phone call requests don’t come from me - they’re offered by the website - but if you do want a phone call I’d be happy to do that as well. I'll be happy to help you in any way I can.
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The attorney is actually probably not bluffing. The attorney CAN ask the court to hold you in contempt for non-payment of an amount that the court previously ordered you to pay. But in general, they are much more likely to file a motion to enforce the prior order, rather than just jumping straight to a contempt motion. Please let me know if that answers your question. If you don't need any additional information, if you wouldn't mind could you please take a moment to submit a rating. It DOES NOT cost you anything extra and it allows me to get credit for helping you. Sometimes people aren't aware that experts don't get any credit for the time and effort that we spend on our answers unless you rate it positively. 5 STARS is always appreciated! If you have follow up questions I'd be happy to answer them as well. You can still ask follow up questions after rating. There may be some lag in my response time if you follow up with additional questions. It just means I'm working with someone else but I will ALWAYS come back an answer your questions when I'm done.

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Customer reply replied 2 months ago
What is a motion to Enforce an Order vs a Contempt? I should note that I am a senior citizen and disable and financially life off of SSDI which is not much My Ex is 20 years younger and a manager with a major airline and makes a good salary. I do not make enough to pay my monthly bills especially medical and Rx bills. I should also tell you that in the order the judge made the order like this
¶29. Respondant will pay his father 64k and Petitioner is held harmless.
¶29(b) Respondant will pay his father the 5K loan, Petitioner held harmless
¶29(c) Respondent to pay Petitioner 14k for 1/2 of her school loans.As I read it, the debts are to be paid in order a,b,c.Also this award to her was based on a trial where I knew they lied but could not prove it. I recently found 100% proof. Can that change the order made against me?

I don't know that I would read it as "in order" unless it specifically says "in this order"... I just don't want to see you get into trouble for claiming you don't have to pay her back until you pay the first two loans back. If you believe there was fraud you could file a motion to modify the court's order (due to fraud or changed circumstances, perhaps).

Olivia Kent
Olivia Kent, Family Law Attorney
Category: Family Law
Satisfied Customers: 3,328
Experience: Partner at Kent Law Group, LLC
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Customer reply replied 2 months ago
thank you

It's my pleasure :) Thanks so much for your rating!
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Olivia Kent
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Category: Family Law
Satisfied Customers: 3,328
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