My spouse has not been paying the mortgage or spousal support for two months now. I’m really confused about what to do next. Should I put them in contempt of court? Do they have to pay back what they owe? I honestly just don’t know what is supposed to happen in this situation.
You definitely need to have a lawyer to get spousal support. It’s not super easy in most states, so I would recommend reaching out to them for guidance.
If you’re not on speaking terms, you might want to file for contempt with the court. It’s a good idea to reach out to them even if you are not talking. Try to understand the situation and come up with a plan.
@Noah
What does filing for contempt actually involve? Like, do I just fill out some paperwork?
Elyse said:
@Noah
What does filing for contempt actually involve? Like, do I just fill out some paperwork?
Pretty much. You’ll need to show that they haven’t followed the court order. The court will usually hold a hearing to get info from both sides.
You should file a show cause for contempt. If you do that, your spouse will be ordered to pay what they owe. But in the meantime, make sure you pay the mortgage, especially if your name is on it.
Nyx said:
You should file a show cause for contempt. If you do that, your spouse will be ordered to pay what they owe. But in the meantime, make sure you pay the mortgage, especially if your name is on it.
That makes sense. I guess I just want to protect my credit and avoid foreclosure.
You likely have to file a contempt of court action. The court usually doesn’t automatically know that they aren’t paying. In most states, only child support payments are monitored like that.
Just remember that this process can take time. If your spouse is in financial hardship, the court might not be able to do much. It’s a long road ahead.
StellarStarlight said:
Just remember that this process can take time. If your spouse is in financial hardship, the court might not be able to do much. It’s a long road ahead.
Yeah, I get that. I’m just worried about how long this might take.