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What If I Cannot Afford to Pay the Mortgage Like the Divorce Decree Requires?

By Ben Stevens

Question:  In our divorce, I was ordered to sell our marital home and to pay all of the expenses for it until it is sold.  Will I be held in contempt of court if I can't afford to make the payments and the house goes into foreclosure?


Answer:  Yes, you can be held in contempt under those circumstances.  However, the Court can consider whether your failure to comply with the terms of the Order was "willful" or "not willful", which can impact what the Judge decides to do in that case.

Typically, the Court will not let someone be ordered to do something, fail to do it, harm the other side, and then not be punished in some way.  Under the facts you listed, you may want to consider taking additional steps to sell the property (changing Realtors, reducing the price, etc.) to help remedy the situation as soon as possible.

Full post as published by SC Family Law Blog on August 15, 2008 (boomark / email).