Is allowing the marital home to go into foreclosure considered contempt if the paying party can’t afford it due to alimony and child support?

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Is allowing the marital home to go into foreclosure considered contempt if the paying party can’t afford it due to alimony and child support?

Asked on December 16, 2011 under Family Law, Alabama

Answers:

Russ Pietryga / Pietryga Law Office

Answered 9 years ago | Contributor

Contempt is a legal term that means that a person has not complied with a cout order.

In your case, if one of the party's is ordered to pay the mortgage and does not, the judge could hold them in contempt.

Usually, when one party is not following the orders of the court, the other party will notify the court in the form of an "order to show cause."

The court will set this motion for a evidentiary hearing to determine if the accused party is in contempt.

Usually, a person will file a notice of inability to pay with a motion to modify the court order, in order to negate a contempt finding by the court. Without more information this is my best answer.

Hope this helps


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