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    jjonnyb's Avatar
    jjonnyb Posts: 1, Reputation: 1
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    #1

    Jan 12, 2008, 01:42 PM
    Civil contempt
    :confused: hello, I had a restraining order put on my a few months back, in the process the judge ordered me to keep paying the mortgage,its been 5 months and I have paid but Im not going to be able to pay it in the next two months because I just cannot afford it. My wife has been living there all the while, and isn't cooperating in anything from Lowering the selling price to anything else. The house has been for sale for 8 months without an offer. I have tried through the realtor to get her to lower the price but she refuses, my question is,, if I stop paying and it becomes a civil contempt issue if I go back into court for not being able to pay it can the judge toss me in jail? I have child suppot I am paying from another marriage and if I get locked up I will lose my job and not be able to pay my child support much less be able to pay this mortgage. Its not that I don't want to pay the mortgage until it sells its just the reality that I cannot do it because there just isn't enough money. Any inpute??
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #2

    Jan 12, 2008, 03:05 PM
    Quote Originally Posted by jjonnyb
    :confused: hello, I had a restraining order put on my a few months back, in the proccess the judge ordered me to keep paying the mortgage,its been 5 months and I have paid but Im not going to be able to pay it in the next two months due to the fact that I just cannot afford it. my wife has been living there all the while, and isnt cooperating in anything from Lowering the selling price to anything else. the house has been for sale for 8 months without an offer. I have tried thru the realtor to get her to lower the price but she refuses, my question is,,,,if I stop paying and it becomes a civil contempt issue if I go back into court for not being able to pay it can the judge toss me in jail? I have child suppot i am paying from another marriage and if I get locked up i will lose my job and not be able to pay my child support much less be able to pay this mortgage. its not that i dont want to pay the mortgage until it sells its just the reality that I cannot do it because there just isnt enough money. any inpute???????

    You are under Court Order to pay - you can either go back to Court and ask for a reduction or change in the Order or simply not pay and possibly go to jail.

    Obviously the easier route is to go back with a change of circumstances and ask for a change.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #3

    Jan 12, 2008, 03:49 PM
    Yes, you can be
    1. warned to pay
    2. fined
    3. put in jail and then fined
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