QUESTION
property settlement from divorcew decree. options for reducing amount due to job loss. and what are guidlines for appeal?
Asked on Feb 26th, 2018 on Divorce - Iowa
More details to this question:
How do I proceed with these current circumstances? I currently have a balance on a property settlement from a divorce decree of $16,381.33. I just lost my Job due to termination for circumstances beyond my control. The current Payment is $400.00 per month due on the 15th of every month with balance due on the 36th month starting on 12/15/2016. Wanting to know what my options are to get amount of payment reduced. I'm not sure if the following matters or not, but here it is anyway. I currently am up to my ears in debt, partly due to the circumstances surrounding my divorce and being under the influence of drugs and depression during the time of my divorce. my current situation is different in that there are no drugs influencing my mind and have been free from depression due to changing those circumstances as well as a change in diet and dependence on a higher pwer through implementing daily tools I have learned throughout the years of my life.
1 ANSWER
Unfortunately, the court cannot modify a property settlement. If you do not pay, your ex-spouse has the right to seek contempt against you in court. S/he would have to show that you intentionally are not paying. If you have a good excuse, the court might find that your non-payment is not intentional. But, if s/he shows that you are spending money on other debt/things that are not ciritical, it might be found to be intentional.
The punishment for contempt can be time in jail, though generally a judge would not order that for your first contempt. But, if you continue not to pay, and the judge beleives you have the ability to do so, jail time is a possibility.
Donna Miller
515-245-4300
http://www.grefesidney.com/our-team/donna-miller/
Answered on Mar 05th, 2018 at 6:04 AM