Contempt?


#1

I have a question from a friend viewing this site (he does not have a home computer)

My wife recently retired from military after 30 yrs in April , she was ordered to pay pss to me 7 months ago, the pss was the mortgage & lump cash, but after she retired, she stopped paying both 2 months now going on 3. She informed me shes going to let house go into foreclosure & file bankruptcy and stated she will not give me “crap”! I live in the house, we were married 22 yrs. She said her attorney told her not to pay! What do I do now? I have no funds!! I’ll have to do this on my own. creditors have been calling! What do I do?


#2

It sounds like you need to file a motion for contempt. If you have concerns about how the bankruptcy may impact her obligations, you should have a consultation with an attorney to discuss the specific facts of your case.


#3

Thanks for your reply, but that brings me to a few question…

What is best to file… Contempt or Show cause? What is more beneficial and why?

Thanks for any input.


#4

A motion for contempt and a motion for order to appear and show cause is virtually the same thing. The motion for order to show cause requires the extra step of having the judge review the motion and sign the order. This then puts the burden of proof on the violating party.


#5

Thanks Kathleen!!

Your awesome and knowledgeable! Your reply has educated many!

Thank you for your time and professional opinion!


#6

You’re welcome. Glad I could be of assistance.