Legal Question in Family Law in Mississippi
divorce agreement to be paid
recently divorced with agreement that I the wife pay 16,500.00 as well turn over other items to husband. the money mentioned was a workers comp claim used to help pay for home I owned proir to the nine year marriage. His income contributed 26% due to his debts. I basically suported him. with his $40,000 child support WE paid, a new truck a classic car and walked off with 5000.00 401K, for wheeler and motorcycle out of pocket total is $100,000.00. I was abused sexually and mentally for several years and had to do whatever it took to get this man away from me and my children. I now with no money no car of my own have a mortgage to pay on a second home(first home debt free) and a child in collge I need to know what would be the repucussions should I not pay the money. He still owes his fist wife 10,000.00 from that divorce in 1991. I do have debt that requires all my income.
1 Answer from Attorneys
Re: divorce agreement to be paid
First, let me say I do feel for you and your children. I can understand your sense of desperation, but I�m afraid you have a very serious problem.
I would suggest you speak to the attorney that represented you in the divorce. Your representative is familiar with your case and can best advise you on your options. If you were not represented, as many people are not in an uncontested matter, then I suggest you hire an attorney immediately.
As for the repercussions should you not pay the money, I�m afraid I can�t give you much hope as to a favorable outcome. Your ex-husband will likely file a motion for contempt against you. Most likely, the Chancellor will give you 30 days to comply with the terms of the agreement. There is also an excellent chance your ex-husband will be awarded attorney fees for having to force you to comply with the orders of the court. After the 30 days (or however long the Chancellor gives you), if he/she finds that you have willfully failed to comply, you will likely be sent to jail, until you purge yourself of the contempt.
You can go to the courthouse and see this same scenario played out, just about every time the Chancellors have a motion day. If you would like dates and times for DeSoto County, you can call my office or the clerk�s office and someone will give them to you.
I know this is not what you wanted to hear, but it is what you need to know. This is a very serious matter and I wish you and your family the most favorable outcome possible.