Hello. I have been legally divorced since 2004. My ex-husband pretty much disappeared, and did not contact me until he served me with a Motion for Contempt in June of this year. (Background - as part of the separation agreement, I agreed to give him $12,000 for his "equity" in the house, even though he had not paid a dime towards the home, and there was no equity in the property. He had me backed into a corner, I was scared of losing my home, and also found out later he had been consulting with an attorney while representing that he was not).
I paid him $5,000 of this amount in 2004, and that was the last contact I had with him. He had previously been the "transient" type of person, and resumed his previous lifestyle upon moving out. I received calls and mail at the house for years (even now) from his creditors, his bank, etc.
We went before the judge on or about June 9th of this year. I had recently been diagnosed with extreme anxiety and depression, and had just started medication. When before the judge, I was mid-panic attack, and couldn't explain to the judge that this man had disappeared for years, and had not contacted me regarding the remainder of the funds owed to him. I had saved the money up at one point, but my husband was laid off for 6 months out of the year last year and we had to pay $1,100.00/month for COBRA benefits, thus depleting any savings I had. All I wanted was for the judge to allow me to pay my ex-husband in monthly or weekly installments, but I ended up receiving a judgment finding me guilty of contempt, and ordering me to pay him the $7,000.00 within 120 days (which will be right around the beginning of October). We consulted with an attorney, and have decided to file for chapter 13 bankruptcy, so that we could set aside money to pay the judgement. We are close, but not close enough.
Is there any way of appealing the judgment, or to go about this in someway that I don't end up going to jail next month? I am the primary caregiver of two minor children and one college student, and if I go to jail, I will also lose my job. Any advice is greatly appreciated. I'm about to lose it!
Submitted by lpsiras on Fri, 09/23/2011 - 12:39
Appeal contempt order from MA divorce court
I'm sorry about your situation, but this question is simply not appropriate for this forum. I hope an experienced attorney offers you some useful advice, but you shouldn't be sitting around waiting for a response. The contempt order can be appealed if there are proper legal grounds for the appeal. To answer that question, someone who understands the law and procedure of divorce in Massachusetts will have to review the case file and the order. Moreover, there are rather rigid deadlines for filing any appeal, and the deadline for your appeal may have passed. Talk to a MA divorce lawyer today and ask her to review the order. (I assume the lawyer you consulted is a bankruptcy attorney with no divorce law experience.) If you cannot afford an attorney, see if you can find a legal aid group to assist you. Good luck.