X ignoring final judgement and in contempt - hearing soon, but big question!

[ringm]

What is the name of your state? Florida
Final Judgement re: marital distribution: Final judgement stated three payments; one a day after dissolution final; another six months later and the final this past February. He did not make the final payment. Ten days later I filed a motion for contempt. He had twenty days to respond to motion. He did not. The judge has scheduled a hearing (march 27). I have a couple of questions in this regard: 1) what happens if he fails to show at hearing, and 2) If he does show and cries the blues amount lack of $$ or whatever...what MIGHT the judge decide? "Oh well, he's down on his luck, forget the last payment..." ?? Or, lien? A lien will not help me any whatsoever. I am about to close on a contruction loan and build my first house on property I bought last summer. I sure could use the $$. This is, afterall, marital distribution! I spent a good portion of my own personally made money on "his" house. Helped his start a buiz with my hard earned money. At final didn't want his house, didn't want any part of buiz. He kept his credit cards and debt and his investiments. Likewise, I kept mine. However, the distribution coming to me made it even Steven. I am a little worried. I saw a post that mentioned if he didn't show they could take his drivers license, his buiz license or possibly jail. Now how is that supposed to help me get what's coming to me. Please share any thoughts! Thank you.

 

[jyoung]

Here's a recent Florida appeals court decision on a similar topic; I'd speak with an attorney about other options available to you:

R. ALLEN KEA,
Appellant,
v.
DEBRA KAY KEA,
Appellee.
_________________________/
IN THE DISTRICT COURT OF APPEAL
FIRST DISTRICT, STATE OF FLORIDA
NOT FINAL UNTIL TIME EXPIRES TO
FILE MOTION FOR REHEARING AND
DISPOSITION THEREOF IF FILED
CASE NO. 1D02-2057
Opinion filed March 13, 2003.
An appeal from the Circuit Court for Walton County.
William F. Stone, Judge.
T. Sol Johnson of Johnson, Green & Miller, Milton, for Appellant.
No appearance for Debra Kay Kea, Appellee.
BROWNING, J.
This is a timely appeal from a final order finding the former husband in
contempt for failing to adequately deal with marital debt. We reverse, and hold that
2
the trial court abused its discretion in granting the former wife’s motion for contempt
because, as Appellant correctly argues, contempt is not the proper remedy for
property settlement disputes. See, e.g., Lee v. Lee, 710 So. 2d 186, 187 (Fla. 1st
DCA 1998).
In Lee, this Court explained that contempt is proper only if the unpaid debt is
for alimony or child support, as it was in that case. Id. The Court distinguished the
situation in Lee from those in Hobbs v. Hobbs, 518 So. 2d 439 (Fla. 1st DCA 1988),
Marks v. Marks, 457 So. 2d 1137 (Fla. 1st DCA 1984), and Ball v. Ball, 440 So. 2d
677 (Fla. 1st DCA 1983). In those three cases, this Court reversed the orders holding
the former husband in contempt for failing to pay debt, because the debt in each case
was unrelated to alimony or child support. Another case in the same vein, Schminkey
v. Schminkey, 400 So. 2d 121, 122 (Fla. 4th DCA 1981), explains that to enforce a
requirement to repay a debt due to a third party is improper because of the
constitutional prohibition on imprisonment for debt.
In the instant case, it is clear that the debt at issue, a mortgage, is not related to
alimony or child support. The final judgment of dissolution of the parties’ marriage
states that “neither party shall receive an award of alimony,” and incorporates the
terms of the mediation settlement agreement. The mediation settlement agreement
states, in part, that “as husband’s equitable distribution of marital debt, he shall
assume, agree to pay and hold wife harmless from the following: (A) Andalusia
mortgage . . . .” There is no hint of child support in the documents. Because the
parties’ situation is analogous to those described in Hobbs, Marks, and Ball, the trial
court’s finding of contempt constitutes an abuse of discretion.
Accordingly, we REVERSE and REMAND to the trial court for further
proceedings.
BARFIELD and LEWIS, JJ., CONCUR.

 

[ringm]

ex-spouse in contempt

Ok, if not a motion for contempt, what is the proper method for contempt over non payment of marital distribution?