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What if he didn't pay the mortgage payments like he was ordered to?
Jenni's Question: I filed for divorce three months ago. My husband was court ordered to continue paying for the mortgage while I live there with our four children. I just found out that he is not paying the mortgage and he contacted the bank and gave them the property. (His name is only on the home even though we brought during the marriage) What happens now?
Brette's Answer: If you don't have an attorney, get one. You need to go back to court ASAP. He has violated a court order. You need legal assistance.
※ Topic: Non-compliance of Temporary Orders
Susan's Question: I have a status quo order in affect. I have gone back to court several times because my husband wouldn't follow it. The divorce judgment became effective last week. My lawyer pushed the status quo orders aside to get a judgment. I have dealt with debt, debt collectors, ruined credit, etc. because the status quo orders weren't followed. Shouldn't I have been paid the money he owed me under the status quo orders until the judgment was in affect? My lawyer says that we can do a "show cause", but what else can I do?
Brette's Answer: The best thing to do is meet with your attorney and have a list of everything you feel has not been resolved and ask him or her to help you get it resolved. I don't know the details of your situation nor of the laws in your state, but in some instances it's easier to push forward to resolve the entire case than to get stalled on individual matters. Discuss with your attorney what you can do now to resolve the issues you feel are outstanding.
※ Can I have his license revoked for not paying temporary support?
Marg's Question: My soon-to-be ex filed for a divorce 4 months ago. There is a Pendente Lite Relief order in effect, but he decided he could not pay the entire amount. I'm two months behind in rent, and essentially broke. Our trial date was canceled. Can I call the courts on my own to have his license revoked? I don't want him arrested, as he is the father of my daughter.
Brette's Answer: Trials aren't cancelled; they are rescheduled, unless you reach a settlement. Find out your rescheduled date. If he is behind on child support, you can contact your state child support enforcement office. If he is behind on spousal support, you need to go back to court for a violation.
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