Courts determined that she would live and pay for marital home until son graduates from hs in 2 years then home to be sold. She has not made a payment in 2 months. This is the second time she has done this and it hurts my credit. I can't afford to pay child support, my bills and her bills or a lawyer. Can I make her pay and pay on time?
If the ex-wife is directly violating a court order, as it appears, you can apply to the court in your divorce case for a finding of contempt and for sanctions. A motion to the court for civil contempt and an order to show cause would be appropriate at this point. The court will craft the appropriate remedy, but you are still obligated to the bank by contract. The court has not altered that contract, and you may be subject to credit dings and a foreclosure judgment if the mortgage is not paid by someone.
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Yes, by filing an action against her in Contempt of Court. You have the right to file to enforce the orders of the Court. If the order says that she is obligated to pay, on time, she is not permitted to simply damage your credit by arbitrarily ignoring the orders of the court You have the right to hire counsel and file to enforce your rights. I suggest that you do so. Good Luck.
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You can file a motion with the court however if she does not have the ability to pay she will not be held in contempt. Or you can sell the house now. Contact my office for free consultation 727-446-7659