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I went to court today, the judge said he would send something out in the mail, which I think is BS, but what can I do. Anyway it was uncontested D, she agreed with everything.
1) I am making her car and insurance payment. When should I quit(my names is on the loan with her and don't want to hurt my credit)? 2) She owes my back support while I had both kids, were do I go to get her to pay? 3) She owes me the filing fee I paid. When will I see that, it was in the judgement? 4) she owes back rent on our house(lease). Will I get stuck paying it or can I force her to?
BH - 38
WW - 32
Girl - 14
boy - 12
OMC girl born- 7/19/05
Exposed - 2/19/06
DNA test - 3/2/06 =(
WW Fellony conviction - 5/12/06
Divorce date - 6/13/06
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Joined: Jul 2001
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Okay, first, is it in the settlement that she has to refinance her car? If so, as soon as that is done, you should be good to go.
If not, you need to persuade her to refinance her car so that it's only in her name. Otherwise, you will be depending on her to make the payments. Maybe you could call the loan company and talk to them about the situation.
How much back support and rent does she owe? If I were you, I'd do a careful cost analysis of how much money you could collect from her versus the cost of collection.
If she won't just pay you, even after you call her, you'll probably need to involve your lawyer and take her to court. Again. So total up what's owed you, divide that by what your lawyer charges you per hour. Then, you'll have the total number of hours you can pay for before you start losing money. Keep in mind, most lawyers bill in 15 minute increments, and you'll get billed for 15 even if it's been a ten minute converstation.
Divorced. 2 Girls Remarried 10/11/08 Widowed 11/5/08 Remarrying 12/17/15
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Joined: Apr 2006
Posts: 24
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Well i found out that the divorce is not final yet. The wife has to take a child care class first which is on the 20th of this month, before it is final. What BS.
She did pay me for this months car payment and most of the insurance....Yahoo!! most money she has given me in years.....lol
BH - 38
WW - 32
Girl - 14
boy - 12
OMC girl born- 7/19/05
Exposed - 2/19/06
DNA test - 3/2/06 =(
WW Fellony conviction - 5/12/06
Divorce date - 6/13/06
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Joined: Dec 1999
Posts: 219
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Posts: 219 |
These questions should be specifically addressed in your divorce decree.
Do you have a lawyer? If you do and he hasn't put this in, get another lawyer. If you don't, get the judge to add this.
Regards, rs0522
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Posts: 297
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Oh my! I can help you on the car issue, because I had the same issue during my divorce, and the "worst case scenario" happened to me - so hopefully you can learn from my story: My final divorce settelment indicated that my husband was to refinance the car that he was taking with him - the loan was in both of our names also - within a reasonable about of time to release me from the liability. He was also to carry car insurance and make all payments to the bank on time until my name was released. Well guess what? He didn't make payments on time, so the loan company was calling ME for collection. I explained the divorce situation to them, and it didn't matter, I was still responsible for the outstanding payments UNTIL my name was released from the loan. There was nothing I could do to FORCE my ex to refinance the car loan except take him back and forth to court to have a judge find him "in contempt" of court - but that still couldn't force him to refinance. I give myself a little credit here, because I was smart enough to know prior to my divorce that my ex was very, very irresponsible, so I had written into my divorce settlement that if my ex did not refinance the loan within a reasonable amount of time, or he was late with 3 payments in a row, or he didn't carry insurance, I had the right to "repossess" the car, seeing that I was still a part "owner". I had the option of paying all past due payments to the bank and get the title re-registered into my name only, and then I could sell it. Guess what? After costing me a lot of $$ in past due payments, and after negative hits on my credit report, AND not to mention the amount of stress that the constant battle with him to take care of his responsibilities, I finally exercised my right to "repossess" the car (after I heard from the police that it had been towed due to past due parking tickets) - and I reclaimed the car from the police pound, paid over $1,200 in past due fees, paid another $280 for re-registration and then FINALLY sold the car (lost $400.00 on the deal). So, I guess my advice is - be vigilant that she DOES refinance the loan - because sad as it is, if she doesn't, you are still responsible for the loan, no matter WHAT your divorce agreement says. Good luck to you!
Older But Definately Happier and Wiser
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well that what I thought. IT should be interesting watching her try and servive. She has to move out of the house, pay her own rent(I think she is going to try and get state help for low income housing), Electric, water and garbage, food(probably get help from the state), she has no insurance on her or the baby(will have to have the state go after the bio Father for support), I will keep insurance on my daughter. Make a car payment and pay insurance. She makes only 6 dollars an hour with two dependents and doesn't work a full 40 hours a week.
Question is should I cancel the insurance for the car(liability only even thou it is used a calateral)after I receive the divorce papers?
Next queston is I just bought a new truck before we split because I had to trade in both our new car and truck to lower the payment to one, but as usual when you trade you are upside down in the loan. I looked the trade in vs. the loan amount and I am $12,000 upside down. Any suggestions as what to do as I dont think I can make the payments after I move back in my house?
BH - 38
WW - 32
Girl - 14
boy - 12
OMC girl born- 7/19/05
Exposed - 2/19/06
DNA test - 3/2/06 =(
WW Fellony conviction - 5/12/06
Divorce date - 6/13/06
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Posts: 297
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NO - do NOT cancel your insurance coverage until your name is off of the loan! Unfortunately, even if you have to pay the premiums until she does refinance, you do NOT want to have ANYTHING happen while she is in possession of that car. If she gets into an accident, YOU can still be held liable for damages even though you are divorced. That's why it is SOOOO important to get your name OFF that loan! I paid the insurance premiums for several months AFTER I divorced my husband - because if he didn't have coverage and had an accident, they could come after me and sue me for MY assets (house, retirement funds, etc.)
If you really believe that she won't be able to make the payments, well then it's probably a good idea to sell the car - and let her buy something cheaper! If the car gets repossessed, you will have that on YOUR credit for years - and believe me, it won't be good when you are ready to start over. Since you are still legally responsible for that car, until she takes your name off, you have every legal right to insist that it get sold, and you don't HAVE to give it to her. You can both mutually decide to sell the car and split the $$. Good luck!
Older But Definately Happier and Wiser
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Posts: 24
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Well we are going to gift the property to each other. My name will come off the car but will still be on the loan. Her name will still be on my truck loan, but her name will be off the title to it.
BH - 38
WW - 32
Girl - 14
boy - 12
OMC girl born- 7/19/05
Exposed - 2/19/06
DNA test - 3/2/06 =(
WW Fellony conviction - 5/12/06
Divorce date - 6/13/06
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Joined: Apr 2006
Posts: 297
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Joined: Apr 2006
Posts: 297 |
You can gift the property all you want, but trust me, as long as your name stays on the loan you are responsible! If you are gifting her the car, but your name is on the loan, YOU are still liable for payments! If you clear the title to her, and you are liable for payments, you are setting yourself up - you won't have any claim to the equity in the car if you take your name off the title. Trust me when I say you can only protect yourself by getting your name off the loan liability.
Older But Definately Happier and Wiser
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Posts: 24
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Well I guess I can leave my name on the car. I will just tell her that I will take it off when she gets a loan on her own.
The divorce is final now!
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