Former wife filed motion for contempt, alleging that former husband failed to comply with divorce decree’s provision requiring former husband to refinance marital residence before certain date in order to remove former wife completely from mortgage on residence. The Superior Court found former husband to be in willful contempt, converted penalty into lien on residence, and refused to force sale of residence. Former wife applied for discretionary review. The Supreme Court held: (1) trial court’s decision to convert penalty into lien constituted impermissible modification of decree, and (2) trial court’s decision not to force sale of marital residence constituted impermissible modification of decree.
Laura Morgan is a Family Law Consultant. Laura is available for consultation, brief writing and research on family law issues throughout the country. She can be reached through her website. www.famlawconsult.com