House payment


#1

My ex had a significant reduction in income and we went to court to have CS reduced. The judge used the guidelines and the CS was reduced by more than 50% but he did not change the alimony. Also the original PSS order had him pay the house mortgage on the marital home. The deed of the house has been transferred over to me but the mortgage is solely in his name.

Even after the reduction he is not paying the entire amount ordered and he is not paying the house mortgage. I took out a loan to pay my bills for the last 6 months. He wishes me to refinance the house so his monthly mortgage payment is less but i spoke to the bank and i can not get a refinance at a decent rate because of my low credit score and high debts. I possibly could if he would pay me on time and pay the amount he should, but he doesn’t.

Is the next step to take him back for contempt? His working circumstances have not changed since the revision of child support in June . The judge knew his income when he gave the latest order so I would expect that the judge thought he could pay. The judge did not ask me to refinance at the last hearing. Do I have to prove anything in a contempt hearing or is the burden on him to show why he didn’t pay.

I have exhausted my ability to borrow anymore money. Will the judge take this into consideration. I fear if something is not done the marital home will go into foreclosure. He bought a home since separation and his paying his mortgage on time which happens to be more than the marital home mortgage. Will the judge look at this and find him selfish to be paying his home over a court order to pay the marital home?


#2

If your ex is not in compliance with the Order your next step is to file a motion for contempt. You will have to show the payments have not been made, and your ex will have to “show good cause” as to why he is not in compliance with the Order.