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  1. #1

    Default Texas Divorce Contempt

    My question involves divorce in the State of: Texas

    I divorced my exwife almost 2 years ago, we divided the bills and I let her take everything, I allowed her to live in the house until a buyer was identified. I had a buyer in December, had her move out and the buyer backed out. So I am on the hook for the mortgage until a new buyer can be found. The decree states that if the house is vacant that each party will be responsible for 50% of the mortgage. Well, I am paying 100% of it, she told me too bad, she "can't afford it".

    Another problem is that she has a vechile that I cosigned for her back when we were married, she ays she is going to file bankruptcy, which of course means that I am screwed and my credit is going to take a huge hit. I don't want the vechile and cannot pick it up even if I did want it, I am deployed to Iraq right now and she is in Texas.

    She refuses to honor any of the items in the decree and tells me "there is no such thing as debtors prision" and that I'm not getting a dime from her.

    I guess my question is, if I get a judgement against her and put a lein against her in case she were t ever sell property, can I also get her federal tax return? Is that possible?

    What can I do with this difficult woman in order to put a little coin in my pocket, I dont like the idea that she is screwing me at every turn and I have no recourse.

    Help?

  2. #2
    Join Date
    Sep 2005
    Location
    California
    Posts
    65,075

    Default Re: Texas Divorce Contempt

    You have a judgment against her - the divorce judgment. If she owes you money under the divorce order, you can take her to court and ask the court to enforce its order. It's going to be difficult for you to do that until you get back from Iraq. Is there anybody back in the U.S. who can help you with things like the vehicle in the interim?

  3. #3

    Default Re: Texas Divorce Contempt

    If the car is in both are names and she is decreed to pay it and doesnt, and say that I do... how can the court "force" her to pay me? Texas is a non garnishment state. I am already out 30k from paying things she was supposed to pay just to keep my credit in tact, she has this vechile that she has been paying but tells me she is going to declare bankruptcy on, and she has a medical credit card that she used for plastic surgery (she got in MY name) right before we were divorced, charged up 20K on and has never made a payment, it is now 120 days late and I don't know what to do about that either.

    She keeps telling me "tough sh**, there is no debtors prision, there is nothing you can do" I just want to know if that is true, a judgement with nothing behind it wont get my any of my money or sanity for that matter... back. I can get a lien against her, but she has no property and her credit states that she never will own any.

  4. #4
    Join Date
    Sep 2005
    Location
    California
    Posts
    65,075

    Default Re: Texas Divorce Contempt

    The court can hold her in contempt, and you can actually be put in jail for contempt of court. I can't promise what your court will do.

    She cannot discharge debts owed to you under the divorce judgment through bankruptcy. If she files Chapter 13, that could actually work to your advantage if her debts to you are included in her payment plan.

    If you chose to disregard her forging your name to a credit card application, you're probably not going to get out of it with the credit card company. That debt should have been addressed in your divorce.

  5. #5

    Default Re: Texas Divorce Contempt

    I have talked to the credit card company time and again, they refuse to do anything, the debt was included in the divorce as hers and she has to pay it, same with the car.

    The credit card compny said that it was an onlin application and they have my SSN and that is all they needed, I have filed a fraud alert with them and they ignored it and it is still on my credit.

    So since the car and the credit card were her bills to pay in te decree, she CANT include them in a Chap 7 bankruptcy? and if she files a 13 she has to pay them off anyways, just through a different payment plan?

  6. #6

    Default Re: Texas Divorce Contempt

    anyone able to answer my questions?

  7. #7

    Default Re: Texas Divorce Contempt

    ok since no one has the answer, can anyone point me in the direction of who might?

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