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  1. #1

    Default Ex is Not Paying As Agreed

    This is for a home in the state of Florida.

    I have a friend whose husband is supposed to be paying half the mortgage and all of the home owners insurance on the house they financed while they were married.
    The divorce decree states: "the husband shall have exlusive use, occupany and possession of said home through December 2010."
    But he was also ordered to pay half of the mortgage (which is in my friends name only) and all of the insurance on the house.
    He hasn't made his protion of the mortgage payment in 8 months and hasn't paid the insurance.
    What can she do to get what he owes on the house?
    She said she can't evict him because it's his house. So she's stuck paying for the whole mortgage and insurance for a home she doesn't live in.
    Is there something that she can do?

  2. #2
    Join Date
    Jan 2008
    Location
    Toledo, OH
    Posts
    16,307

    Default Re: Not Paying As Agreed

    She can drag him back to court to have the order enforced and have him held in contempt.

  3. #3

    Default Re: Not Paying As Agreed

    What will they do to him? Put him jail? Attached wages?
    He's self employeed and a single parent. So if he goes the jail where will the child go?
    According to him there are no wages to attach.

  4. #4
    Join Date
    Jan 2008
    Location
    Toledo, OH
    Posts
    16,307

    Default Re: Not Paying As Agreed

    We can't tell you what the court will do. It's case dependent.

    Usually, wages are garnished, bank accounts are levied, or liens are placed on property. If there aren't any wages to garnish or bank accounts to levy now, they can be levied or garnished later.

  5. #5
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Not Paying As Agreed

    Garnishment and execution are remedies that normally must be requested and carried out by a litigant. If she knows of assets she could pursue, she should keep those remedies in mind.

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