Cocoa, FL asked in Criminal Law, Divorce, Family Law and Communications Law for Florida

Q: Can a lawyer in VA threaten to put someone in jail in FL if the person does not agree to terms under a civil case?

My husband is being sued by his ex-wife for non-payment of his portion of joint student loans that are part of his divorce decree of which he told her at the time he was not working when it came time for him to pay his portion and wanted to file for a deferment. Student loans show in his name only, hers is a guarantor of the combined student loans and she was ordered to pay 4 years of student loan payments to the student loan issuer due to her stealing money from joint accounts in the divorce decree. She said no, so no deferment - both parties must agree. Early in 2011 she forged his signature on documents to the student loan company to obtain a deferment without his knowledge when it was convenient for her. She has since filed suit for payment under the student loans increasing total amount due - her attorney is a bad guy (he tried to bribe someone before) and told him he would go to jail for contempt if no agreement. No paperwork was provided to husband to finalize payment and agreem

1 Lawyer Answer
Terrence H Thorgaard
Terrence H Thorgaard
  • Freeeport, FL
  • Licensed in Florida

A: If the divorce decree requires him to make certain payments, and if it can be proven that he failed to do that, he can be held in contempt of court. And if he is found to be in contempt of court he could be jailed. It's not clear whether the divorce decree is from Florida or Virginia.

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