Legal Question in Family Law in Mississippi

I am in the military and I have a divorse decree that states I have to pay the mortgage on the house and insurance. My ex-wife is on the mortgage and has gotten an insurance that has caused the mortgage to be so high that I cannot afford it. I have tried to talk to my ex-wife about the insurance that she has gotten but she will not talked to me and has even blocked my number. I took her back to court the first time she did this and the judge just slapped her on the hand and told her to work with me. Well... you see she is really working with me. I had insurance on the house and it was a fordable, but now it is too much. What can they do to me if I just let the house foreclose. I do not want it to come to this but feel I have no other choice. Thanks.


Asked on 6/14/10, 2:20 pm

1 Answer from Attorneys
Wayne Woodall Wayne Woodall Attorney

THE COURT CAN LOCK YOU UP FOR WILLFUL FAILURE TO PAY THE HOUSE NOTE. IF YOU TRULY CANNOT AFFORD IT AND IF YOU FILE BANKRUPTCY YOU PROBABLY CAN AVOID INCARCERATION FOR WILLFUL CONTEMPT OF COURT FOR DELIBERATELY REFUSING TO PAY THE HOUSE NOTE. YOU SHOULD FILE A MOTION TO MODIFY THE DECREE TO MAKE HER PAY ALL OR PART OF THE NOTE BECAUSE OF HER ACTIONS TO CAUSE THE SIGNIFICANT INCREASE IN PRICE OF THE INSURANCE. YOU SHOULD BE ABLE TO SHOW THAT SHE CANNOT COMPLAIN AT THAT WHICH SHE HAS CAUSED AND SHE MAY BE REQUIRED TO CONTRIBUTE TO THE NOTE OR AT THE LEAST TO PAY ALL OF THE INSURANCE ON THE HOUSE SEPARATELY.

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Answered on 6/16/10, 7:33 pm


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