My ex wife has been ordered by the court to refinance our marital home. This has been going on for 1 year, and she has yet to do so, either because the interest rate was too high, or she couldn't afford it. The judge, after giving her numerous continuances and chances to refinance, has finally imposed a $5000 fine on the ex if not refinanced by Nov 30, and $5000 thereafter for every month she does not comply. What comes next. Is this fine really enforceable, and what happens if she does not comply. Thank you
2006-11-05 12:46:48 · 13 answers · asked by sky 3 in Politics & Government ➔ Law & Ethics
Yes it's enforceable. The court will collect the fine and she can wind up in contempt if she continues to ignore it. Your lawyer should stay on top of this as you should claim the marital assets (the home) if she continues to fail to comply.
2006-11-05 12:49:54 · answer #1 · answered by canela 5 · 0⤊ 0⤋
Don't you think you should ask your attorney? He or she would know the exact answer for your specific state.
If she ignores the court order, she could be fined as you mentioned. If she chooses not to pay the fine she could be charged with contempt, arrested, and jailed. That is probably not going to happen immediatly but if it goes on long enough and the judge is in a pissy mood one day, it will happen. Of course then she will be in jail, have no job, and there will be zero chance that she will ever be able to refinance the house. Unless you keep up the payments it will go into foreclosure and be sold to cover as much of the outstanding loan as possible. The mortgage company will then sue you and/or her for the remaining amount.
Ain't love a bitc*?
2006-11-05 12:52:21 · answer #2 · answered by troythom 4 · 0⤊ 0⤋
It is very enforceable and judges don't like to be ignored. They have a tendency to put you in jail for not listening to them. Your ex has to comply or she may find the court imposing a lien on the home to recover the fine (they get paid when she sells if need be.)
The only way she can avoid the fine is to appeal and get it overturned (not likely) or to obey the order and pay up what she owes you plus your extra costs.
Your lawyer should be able to give you a worst to best case scenario.
2006-11-05 12:58:52 · answer #3 · answered by my_iq_135 5 · 0⤊ 0⤋
What ever the judge says is en forcible. If they house is worth a lot the he can force her to sell it and give the proceeds and all fines to you and have her pay your attorney fees. Sounds to me as if she thinks she can do as she wants. Typical female attitude when told something they done like or agree with. Next time you see her give her an angry dragon or a donkey punch and a dirty Sanchez maybe this will wake her up to how serious this problem is...
2006-11-05 12:54:08 · answer #4 · answered by Anonymous · 0⤊ 0⤋
Yes it is enforceable, and if she doesn't re-fi - you should get your attorney to do a motion requesting that since she is in contempt, that she should forfeit the house to you. She is tying up your credit and finances, so make her give you the house.
She can also go to jail if she doesn't comply or pay the fine.
2006-11-05 12:53:37 · answer #5 · answered by Anonymous · 1⤊ 0⤋
i'm uncertain in case you have a series schedule...days and circumstances for visitation. If no longer, you need to circulate lower back to courtroom and get that customary on the instant. as quickly as this is in place (or in case you have already got set days and circumstances), while this is time on your visitation, if she refuses you, you have each good to call your close by police branch, tutor them a duplicate of the order, and that they're going to generally enforce the order. they're going to make her provide up the youngsters for the duration of a few time. regardless of you do, no remember how long it takes, do no longer provide up. childrens % the two mom and dad. while they advance up, they're going to despise you because of the fact they're going to sense you gave up on them. I relatively have a pal that has a daughter which would be 17 in March and he remains battling. sturdy success!
2016-11-27 21:07:52 · answer #6 · answered by Anonymous · 0⤊ 0⤋
She will be fined and may some jail time. When the judge gives the word, it is final.
2006-11-05 12:54:52 · answer #7 · answered by cfoxwell99 5 · 0⤊ 0⤋
Court orders are very serious. She can go to jail if she does not comply.
2006-11-05 12:54:36 · answer #8 · answered by Anonymous · 0⤊ 0⤋
It is very enforceable and she had better get her butt in gear if she doesn't want to be found in contempt of court and pay up.
2006-11-05 12:48:41 · answer #9 · answered by Pepper 3 · 0⤊ 0⤋
The fine will be assessed to her portion of the house. I think. Either way it shouldn't affect you in any way.
2006-11-05 12:49:41 · answer #10 · answered by Anonymous · 0⤊ 0⤋