Legal Question in Family Law in Michigan
Divorce Settlement
I am recently divorced.
During my 9yr marriage, I took out a 2ELOC on the home I solely owned for my husband as a business loan.
My husband signed off dower rights (2nd marriage) since the mortgage was is my name alone.
The money I gave him over the course of our marriage and the 2ELOC totals approx. $45,000, $18,000. of which is from the 2ELOC.
In our settlement, he is to repay it, (in monthly amounts for the next 3 years, the balance due after that), but since the loan is my name alone, my former husband was to send me the checks and I would make the payment.
My husband has lost his business, (an LLC) has never filed personal or business taxes, his credit has always been very poor, with most of the things we purchased in my name. After our seperation, he bought a home with 15 acres on stated income, zero down, 2 mortgages, which is in foreclosure. I do not have a lein on this property.
He is moving out of state and I do not have his next address.
He has defaulted on my payments.
He has stopped communicating with me regarding repayment of his loans.
What recouse do I have to force him to at least continue to pay the minimum loan amounts until the balances are due and he is in a (hopefully) better fincial situation then?
2 Answers from Attorneys
Re: Divorce Settlement
If you have the deal incorporated into a judgment of divorce, you can request the Court to hold him in contempt for failing to abide by the deal. Then the judge can punish him by jail, etc. However, many judges are reluctant to punish total losers because it is almost a form of judicial bullying. No judge will admit it but they almost figure the parties deserve each other. They are more likely to punish if children are involved. It is not as if he will somehow come up with the money if he is incarcerated. If your deal is not incorporated into a judgment of divorce, you are in bad shape (legally). William S. Stern
Re: Divorce Settlement
Nobody can be held in contempt of court for defaulting on the financial arrangement that you've described. If your divorce lawyer failed to take adequate precautions against this sort of occurrence, shame on your lawyer. I'd look for a more aggressive attorney in your area to enforce the terms of your judgment.
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