Court Ordered Spouse to share expneses of joint real propert


#1

Upon separation, spouse and I each moved into separate houses which were both jointly owned marital property. Spouse refused to pay any common expenses related to the ownership, maintenance and usage of the two properties. I took her to court and judge ordered her to pay one half of all common expenses related to the ownership, maintenance and usage of the two properties. She has not complied. Now, we are about to finally enter into a property settlement agreement providing for the division of all property, real and personal. The two house are to be sold and proceeds divided equally. She agrees to pay one half of all common expenses related to the ownership, maintenance and usage of the two properties until the properties are sold.
There has been NO mention of the money she owes me for past common expenses.
Question is - Since she is in “contempt” of the court order for her to pay, does that court order still remain in effect since there has been NO reference to it in the Settlement Agreement?


#2

Without reading the separation agreement, I cannot tell you whether the court order will still be in effect and if you will be able to have her held in contempt for her failure to pay the amounts owed. If you have reached a full settlement, you should include these figures in what you need to be repaid in the agreement so that you don’t lose your right to this money or have to address it through the court.


#3

Thanks for the reply. Please note: In the proposed Settlement Agreement there is NOT one word of reference to the subject court order that ordered her to pay, nor is there any mention of past unpaid amounts.
That is because that subject CAN’T be mentioned in the settlement agreement because she has said she will NOT sign an agreement that includes the past due amounts.
Therefore the question is, given the above information, does the Court Order directing her to pay her one half share of those previous common expenses remain in effect even though a settlement agreement (again, not referencing the past Order or unpaid amounts in any manner) is signed by the Parties and the judge?.
I understand that if the Order remains in effect, i would have to take Court action to have it enforced, but this is a very, very hostile divorce now in it’s third year.


#4

Unless the court action was dismissed, the court order should still be in effect and be enforceable.