Legal Question in Family Law in Florida
Contempt of Settlement Agreement
In Oct of 08, my ex-wife and I signed our Settlement Agreement. She had agreed to take the marital home and the responsibility of the mortgage. I signed the deed over to her. Problem now is she has stopped making mortgage payments and the bank is requesting the payment from me. She had agreed to hold me harmless, but this is ruining my credit. She was supposed to refinance the house in her name therefore removing me from the loan, but has been unable to accomplish that. I'm filing a Motion of Civil Contempt on Monday. I pay her 1400.00 per month for alimony, she now owes 9000.00+ in back mortgage payments. Am I to keep paying her while she continues to not keep up her end of the agreement? What recourse do I have?
2 Answers from Attorneys
Re: Contempt of Settlement Agreement
Imagine this great scenario which we all want: a house with no mortgage. That would be awesome.
This was your scenario when you signed the house over to her: a mortgage with no house. That's the opposite of awesome.
Now you have to sue her. Normally I'd say, "Good luck with that," but since you owe her alimony, you can sue her and have the money she owes you deducted from the alimony as a "setoff."
Re: Contempt of Settlement Agreement
Seek a temporary stay of enforcement of the agreement and a modification.
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