Will I be in contempt of court for violating the terms of my divorce? 1 Answers as of March 15, 2011We were all in a judges room and my husband has to pay so much for the mortgage and we agreed for me to pay$400 towards the mortgage. What if I can't come up with my half and the mortgage is due on the 16th of this month. I only have $200. Because of doctors bills and car problems. We are already a month behind on the mortgage. So what will happen to me if I can't come up with the rest of the money to may the mortgage? Am I in contempt of court.?
Rhonda R. Werner Schultz, PL | Rhonda R. Werner Schultz
You are not in contempt of court until a judge makes an order saying so. You may be in contempt of court for the nonpayment of the mortgage and that comes with a variety of punishments. First, if the payment of the mortgage was stated as "in the nature of support" you can go to jail for nonpayment, among other less severe punishments. If the payment is not specifically set forth as a support payment and is rather just a debt payment, you cannot be sentenced to jail time for contempt under Florida's Constitution. However, your husband can be awarded a judgment for the amount of money you are behind on payments and can collect on that judgment at some point when you are able to pay. This is a tricky area of law so you should consult with a knowledgeable attorney about your options and the local practice in your area.
Answer Applies to: Wisconsin