Legal Question in Family Law in New York
Failed to make court ordered payments
In 2006, I was granted a divorce, and in the divorce decreed my ex-wife was responsible to make payments on my mortgage loan, user fees, etc. because she was still living there and the house was in my name. She intentionally failed to make on-time payments, resulting in negative activity on my credit report. I then had to ''show cause'' several times that she was not making any payments as was agreed. The judge then ordered for her to vacate the premises and the house was signed over to me. To this day she still has not made any payments as was ordered by the courts. My mortgage, user fee, etc are behind because of this. What can I do to ensure that she makes these payments? She was already court ordered to do so, but she still isn't making any payments. How can this happen? I don't know what to do. Please advise.
1 Answer from Attorneys
Re: Failed to make court ordered payments
It is very hard to comment on this question without reading the settlement agreement and prior Court Orders.
It is also very hard to force an individual to do something that she does not want to do. Courts are reluctant to jail an individual based on civil contempt of court.
Therefore, it my experience - and my opinion - that you should sell the house.
Mike.
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