Exes lawyer is threatening to file a motion for contempt, is she bluffing?
I'll keep this brief.
Early in in our divorce proceedings, there was an interim distribution that was supposed to be sent to both of us, $5k each, from my account. The checks were sent out. But then, during mediation for equitable distribution of property, it was decided for us to not cash the checks, because the account was being divided up in the mediation. A note was made on our mediation agreement. The note said "do not cash. If cashed, will make up the difference within 60 days. It was actually their idea. The idea being that we are dividing the accounts and we're including that 10k, so to make things square we can't cash the checks.
Well consent order is signed by the judge, and I owe about $4900 (arrears and taxes).
The problem is, I found out that she cashed the earlier check for $5k. My lawyer is writing her lawyer with "how do we reconcile this?"
In the meantime, I am past due for this $4900 payment. But in my book, since she cashed the check, it is already paid. I am communicating this to their lawyer, but it's a bit complicated because my lawyer has also submitted her withdrawal, since the case is ended, but the judge hasn't signed it. Since the judge hasnt signed the withdrawal, I supposedly can't communicate directly with her or her lawyer.
Now her lawyer has emailed my lawyer saying if I don't pay by the end of the week they are filing a motion for contempt and associated legal fees..
But to me it's not contempt. I am not willfully not paying. In my mind, I have already paid since she cashed the check.
I feel like if I pay the $4900 now, I'll never see that $5k again.
Other than this $4900, I am complying child support and activity working on the other items.
I am wanting to handle this myself, it's literally the very last outstanding item. I unfortunately have to use chatGPT, it is giving me a high degree of confidence that I am handling things correctly, and that I would not in a million years be found in contempt because I am trying to resolve this with them, and that they will certainly not be awarded legal fees. I don't want o be overconfident though.
Any thoughts on if I'm handling this correctly? Thx!
Posted Nov 5, 2025, 11:42 PM UTC