I gave my x wife the home in our divorce with the stipulations she refinance and get it put in her name with in 18 months she keep all payments current if she is more that 30 days late the home goes back to me. She has not paid house payment since Jan this year 08, I received a foreclosure letter from the mortgage company. I contact her regarding this and she says she will move out in June. (we have 2 children) when school is out. She has not had a job and she draws welfare. I contact an attorney he serves her with contempt of court and she has 30 days to answer. I ask her last weekend was she packed to move and she says she is going to wait until court is over. She has until Monday 7 of July to file an answer and she has no yet filed one.

If she does not file an answer what happens then?

She has been living in the home scot free for 6 months accuring late charges and all kind of fees I am going to have to pay back if I keep the home. I have chose to keep it because it is on a lake and holds its property value. I am ready to get back in the home. A tree fell through the roof during a storm and I have damage to fix.

Than you any one that can give me some insite to my problem.
Sincerely,
MoonDust

If she does not file an Answer within the 30 day period, she Defaults. In essence you get what you have requested in the Complaint.

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Originally Posted by J_9

If she does not file an Answer within the 30 day period, she Defaults. In essence you get what you have requested in the Complaint.

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So does this mean anything that was in the contempt papers that was served goes?

If she does not answer she will be found in contempt of court and you will get what you prayed for in the papers. She will be out of the house and you will be in.

I am curious also about the children. Did you fight to get them in your custody?

[QUOTE=J_9]If she does not answer she will be found in contempt of court and you will get what you prayed for in the papers. She will be out of the house and you will be in.

I am curious also about the children. Did you fight to get them in your custody?[/QUOTE


My attorney said when we go to court we will ask for the children. She has made no provisions to find another place to live much less her concern of where they will attend school. I wanted to ask the judge to let them stay with me and in there home and school they attend. If sh does no answer I don't know if I will get the chancre to do this also I wanted my childsupport lowered I pay $300.00 a week plus $114 a week for their health insurance. I get plum sick when I think of her sorry lazy inmature way of life. I want to contact defax and let them know all she does is watch TV and draw welfare and she is in perfect health to work (just lazy) plus her friend works for the county defax dept and she fudges on the application so she can get all she can get. She has been doing this for 18 months.
I love my children and hate the fact they are being raised this way. You know all that children know is what they see at home and they think it is normal... I want them and want them to be in their on home my 8 year old loves to fish and hunt... it breaks my heart.

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Originally Posted by MoonDust

I gave my x wife the home in our divorce with the stipulations she refinance and get it put in her name with in 18 months she keep all payments current if she is more that 30 days late the home goes back to me. She has not paid house payment since Jan this year 08... I contact an attorney he serves her with contempt of court and she has 30 days to answer...She has until Monday 7 of July to file an answer and she has no yet filed one.

If she does not file an answer what happens then?
...
Than you any one that can give me some insite to my problem.
Sincerly,
MoonDust

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I have a definition for you: "contempt of court n. there are essentially two types of contempt: a) being rude, disrespectful to the judge or other attorneys or cause a disturbance in the courtroom, particularly after being warned by the judge; b) willful failure to obey an order of the court. This latter can include failure to pay child support or alimony. The court's power to punish for contempt (called "citing" one for contempt) includes fines and/or jail time (called "imposing sanctions.") Incarceration is generally just a threat and if imposed, usually brief. Since the judge has discretion to control the courtroom, contempt citations are generally not appealable unless the amount of fine or jail time is excessive. "Criminal contempt" involves contempt with the aim of obstruction of justice, such as threatening a judge or witness or disobeying an order to produce evidence. (See: sanction)contempt of court legal definition of contempt of court. contempt of court synonyms by the Free Online Law Dictionary.
Procedure varies from state to state; I don't see where you mention what state you are from. There may not be an answer required; do you know that one is? Also, a contempt proceeding is not ordinarily used to change the terms of an order; it is used to enforce the terms of the order. Having said all that, judges are judges (next to gods), and if she is not represented, he may run all over her, in your favor.

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Originally Posted by MoonDust

I gave my x wife the home in our divorce with the stipulations she refinance and get it put in her name with in 18 months she keep all payments current if she is more that 30 days late the home goes back to me. She has not paid house payment since Jan this year 08, I received a forclosure letter from the mortgage company. I contact her reguarding this and she says she will move out in June. (we have 2 children) when school is out. She has not had a job and she draws welfare. I contact an attorney he serves her with contempt of court and she has 30 days to answer. I ask her last weekend was she packed to move and she says she is going to wait until court is over. She has until Monday 7 of July to file an answer and she has no yet filed one.

If she does not file an answer what happens then?

She has been living in the home scot free for 6 months accuring late charges and all kind of fees I am going to have to pay back if I keep the home. I have chose to keep it because it is on a lake and holds its property value. i am ready to get back in the home. A tree fell thru the roof during a storm and I have damage to fix.

Than you any one that can give me some insite to my problem.
Sincerly,
MoonDust

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What is it your trying to get her to respond to ? If its just interogacies then her not answering isn't actually contempt. The hearing will determine if contempt charge will be upheld or not. If your lawyer is seeking information ( like could she have paid and didn't ) then after the 30 days there are other routes to take to find out what has happened. If you ask for records of employment from her your not suppose to go directly to an employer until there is a good reaqson to( like not answering questions ). Maybe Im wrong but that's my understanding of it. Also because this is a contempt hearing then your lawyer should be making sure she is under bench warrant so she appears and can't give excuses about not knowing what actions are about to take place. Good Luck.