Answers needed please

My ex-wife as part of the property settlement agreement had to sign a promissory note for 35,000.00 against our house. She refuses to do so and has ever since the Divorce. Went to court and ex given a direct order to sign it on or before the 25th of may. After the court Date we found out she was in Foreclosure and also had a contract on the house for a short sale to beat the foreclosure. I immediately recorded a Lis Pendens to cloud the title and gave one to the title company and the real estate agent listing the house. The question is If she doesn't bring 40,000 to the closing the closing won't go through. So house will go to Foreclosure. With the judgement and the way it was written she was suppose to let me know the House was in Foreclosure so I could Take the house back. She never did nor did she sign the NOTE. Will the judgement hold up against Bankruptcy Because she purposely deceived me and still refuses to sign and will be held in contempt.

The Judgment could possibly hold.

You have Court Order requiring your Ex to sign. I'm guessing the Property Settlement Agreement you referred to is part of your Divorce Decree??!!

If so, I believe your Ex cannot Discharge the debt owed to you.

Whether you'll ever see a penny of the money is a different story all together.

Seeing she is not going to pay. Do you think that I can Get the balance as a judgement of Child Support paid and Not have to pay child support for the next 4 yrs?

You need expert legal help to deal with this. Have you retained a lawyer to help you? If you haven't, with the May 25 date fast approaching, you need sound legal advice as soon as possible. What you think is right and fair may not be how the court will interpret the Florida foreclosure and divorce laws involved. Your ex seems to be working the foreclosure/short sale angle rather than filing bankruptcy herself - did I get that right?

If you have retained a lawyer, what is his/her law specialty and how do they think this situation is going to play out if your ex doesn't sign the property settlement agreement by May 25? Why is your ex refusing to sign the property settlement despite the court order?

If you are asking about child support, I'm assuming there's at least one child involved between the two of you. Did the divorce decree mandate that you pay child support to your ex?

I must seem very nosy, but knowing more about your circumstances will help us help you better.

Seeing she is not going to pay. Do you think that I can Get the balance as a judgement of Child Support paid and Not have to pay child support for the next 4 yrs?

That probably won't happen, child support and property/debt are two seperate issues. About all you can do is make a motion to the Family Court to hold your ex-spouse in contempt of court. Also, you should be able to defeat a bankruptcy action by your ex-spouse given the way the new BK law treats divorces. (In most states, a court order can act as a signature, i.e. if your ex spouse refuses to sign a document that the judge ordered to be signed, the judge can sign in the spouses place).