what happens next

[lyndaRose]

Marital settlement agreement states fh gives house to fw as house has no equity and 100k mortgage remains on fh name only. Msa states fh will pay fw the mortgage payment until their youngest child is emacipated. Fh never pays mortgage and disabled fw was forced to sell marital home at which fh gives fw notarized letter giving her permission to move with his children, this letter states he is released of the homeowners insurance, appliance insurance but never states released from paying the 100k mortgage husband owes. Fw sold house and mortgage owned by fh came out of her check.

Fw rents which costs 250 less than her mortgage.

Fw takes fh to court as he owed her money for the mortgage that he never paid, fw and fh agreed verbally fh will continue to pay the mortgage amount in which fw will use for her rent.

Family court ruled in lieu of the mortgage fh was to pay her rent. Fh made rent payment the past 16 months took this to appellate court which overturns this ruling and tells parties to go back to district court and that district court had no right in changing wording of their msa. Fh wants fw to return all his rent payments he made but fw used the money to pay her landlord each month.

Are there any cases similiar to this and what do you believe the ruling will be? Appellate court turned this back to district court to overturn the ruling, fw has no assets, is on permanent disability, fh left fw with no money, she is unable to pay these rent payments back.

What do you believe the district court will rule on this situation? Are there any similiar cases out there?