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What can I do after filing for Contempt of Court in Texas?

I was divorced in March 2008.  The divorce was uncontested and my ex did not appeal it.  I won a large judgment regarding monies owed to me, credit card amounts that were supposed to be removed, credit card minimums that were supposed to be paid, backpayments on a truck, a second mortgage that was supposed to be paid by my ex. 

 

Since the divorce, my ex paid some money for two months and then stopped.  He had possession of the truck, but there were two caveats to the awarding of that - 1) that the payments must be made on-time or I could request that the truck be brought back to me; and 2) that the truck must be refinanced in his own name by June 24, 2008 or I could request the truck be returned.  When he was late with the payment in June, I requested return of the truck.  He refused and then said he would pay me in a week.  He paid me $60 - not even half the payment.  He did not pay the truck payment in July.  I requested the return of the truck.  He refused and told me to "sue him."  He finally returned the truck in August, 7 days after the payment was to be made with over $2000 in body damage. 

 

I went to court for an Enforcement Order.  He did not respond.  I won a default judgment and he was found in contempt of court.  He was to pay what he owed within 10 days.  I haven't seen a penny.

 

We sent a demand letter and filed it with the court.  He had 10 days to respond.  He did not respond.  I still haven't received a penny.

 

I am now taking him to court for Contempt of Court.  We have no children.  None of the money judgments awarded to me are for child support or alimony.  I am paying my own bills and am stuck paying his, too.  Recently, he had the gaul to try and use my health insurance for a doctor's visit.  My insurance, of course, turned him down.  I reported him for insurance fraud.  He knew he was no longer on my insurance.

 

Sorry for the explanation, but here's my question:  What will Contempt of Court do for me?  Will the judge order him to pay?  Can the judge put him in jail?  My ex deliberately took a low-paying job, 74 miles one-way from his residence.  However, he is living with his mother and only has a few expenses.  There is no real reason why he should not be able to pay me or set up some sort of payment plan.  What exactly will a victory on a Contempt of Court charge do for me?  (I live in Texas which is debtor friendly.  I cannot garnish his wages).


by Charlaine   4 Posts 
Posted on 12/1/2008 12:08 PM
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Answers for "What can I do after filing for Contempt of Court in Texas?"  (11) (You must be logged in to answer)




I'm sorry that you are so much trouble.

I live in Minnesota and am fighting my ex for support. We have our paper all don and he wants to file right away.  I have simular questions.  My ex is going to be getting a Work Comp. settlement soon, ro so he says.  He has agreed to give me a large percentage.  Since I don't trust him... He's lied to me b-4 I now have to call my legal expert and cchange the paper work.  He wasn't willing to give me support because he said he can't afford it, he said that when he gets his settlement it will all work out.  He has been putting me off on it.  so I'm going to change a few things in the paper work, of course he's not happy, but if he doesn't stick to our agreement, I'll need some support.  He's gripping that he can't afford it.

My legal councel said  if he doesn't pay me part of the settlement I can have him contenpt of court, but it depends on the judge, if he feels ex can afford it.  I am on disability and get less than athousand a month so there is no way i can be with out some kind of help.  His suggestion?  Go on welfare.

I'm not sure if you file a contempt complaint if the judge will rule in your favor. He may telll ex to get another job or he will throw it out.
Sorry I was so "windy".
I wish you good luck!  Get what you deserve!!!!

 Like I said I live in Minnesota and the laws here may
by midge628   26 Posts
Posted on 12/7/2008 8:06 AM
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Char - the statutes you read are for when you first divorce. You can not put a garnishment action into a final order - HOWEVER - your ex is flagrantly going against that order, and subsequent ones - this opens up other avenues for the judge to get you what you are entitled to. Including garnishment...

 

don't worry about how you came across - I got what you meant =)

by spaznskitz   4950 Posts
Posted on 12/3/2008 3:10 PM
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Just a note.  I promise that I am not arguing Spaz's qualifications.  I'm sure Spaz has good advice. 

So, that being said, once we get to court on the Contempt of Court charge, if the judge does not grant jail time, can my lawyer then request garnishment of wages?  If that is a possibility, I'll run with it.

As it stands, I am paying his credit card bills, his second mortgage payment, I cannot get my truck repaired and it's damage that he's done to it - so I can't sell it, the minimum payments on the credit cards, etc.  He does have a job.  It might not be a high-paying job, but it is a job nonetheless.  He lives with his mother who has a job and his girlfriend who has a job.  There is money there and he is a spendaholic.

I'm sorry if you all thought or think that I being really argumentative.  I've dealt with this for so long it's caused health problems, anxiety problems, nightmares, insomnia, etc.  And here's why I can't give it up - he chose to have an affair while I was recovering from a 4th cancer surgery.  I had all those bills to pay all by myself and his on top of it. 

The bad guy should not be allowed to win.
by Charlaine   4 Posts
Posted on 12/2/2008 8:48 AM
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My very last sentence says that I cannot garnish his wages because this is neither child support nor alimony. I have read the Texas code of Family Law. In Texas, I cannot garnish his wages unless it is specifically for child support or alimony. I've already tried that route and been told what I've just said. While we have asked for jail, I understand that it is possible the judge won't put him there. However, my ex needs to understand that he is dealing with a legal obligation. To give you a bit more understanding, the decree was negotiated before court and then proved up with him standing right there in the courtroom. He had 30 days to appeal. He neither voiced any objection in the courtroom nor did he appeal the decision. This is an uncontested divorce. He stopped paying me because I asked for the truck. This is his way of "pitching a fit." He has accused me of writing my own divorce decree (which makes me wonder why I paid a lawyer anything if I did it). He acts like an elementary school child who, when he doesn't get his way when it's convenient for him, then he doesn't have to do it. He is getting poor advice from three people who have no clue about the court system in Texas. I've been dealing with it for 2 years now and yes, I understand that I am not a lawyer, but I can read and comprehend. If the judge an just explain to him his actual legal obligations, that might set him straight. My ex believes that none of this is serious at all. As for garnishment of wages. The ONLY way I can garnish his wages in a Family Law court under civil procedures is if he has not paid child support or alimony. His wages can be garnished if I take him to small claims court. Here is why I simply cannot cut my losses and let this go. He owes me over $80,000. These are his bills that I'm paying and I believe I've done that long enough. I have my own bills to pay and am really struggling to just keep up with those.
by Charlaine   4 Posts
Posted on 12/2/2008 8:34 AM