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Modify divorce decree changes in finacial circumstance?

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InEdensBliss

Junior Member
What is the name of your state (only U.S. law)? Arkansas

My husband runs an online business which he was allowing his ex wife to continue to help with because she had posession of 2 vehicles in his name b/c her credit was bad. She worked her end of the business and made the car payments no problem. Then she suddenly quit working, and quit paying on the cars. It states in their divorce decree that he is responsible to pay those cars if she stops (b/c at the time she was needlessly worrying that i would come take them...yeah right!). So, we decided the only thing to do was file bankrupcy b/c there is NO way we can afford 1,000 extra dollars a month PLUS cover her insurance. They mistakenly told us at the law office that the bankrupcy would over rule the decree...so we let the payment slip since they were going to be repoed and covered under the bankrupcy anyways. WELL, then they told us they made a mistake and we were, in fact, resposible since it was a court order. So we had to scrap together all our savings ($4000) to get them caught up, and now we have nothing, no money to put towards those cars. It's impossible. So, my question is, this woman doesn't have any of my husbands children, she has no job, no morgage, she owns other items like motorcycles, boats whatnot...can their decree be reopened to get that changed b/c my husband can't afford to pay them? I don't know how much spousal support one would need, especially since she doesn't even have a job. We will continue with the bankrupcy...b/c we have incured too much debt and have medical bills high in the sky. Will the fact we are in the midst of a bankrupcy help/or hurt our case? The lawyer doesn't want to proceed with filing until those car payments are caught up...but we're unable to do that (one is, one isn't)...I want to focus more on getting this decree changed, or figuring out what to do with those cars in the long run and put the bankrupcy on the bakcburner until this mess is handled? Thoughts? Help? tomato's to throw (i notice alot of you people are rather rude...but I can take it..:)I know little to nothing about the law in this state but am eager to discover if only to save our drowning finacial necks
 
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Silverplum

Senior Member
What is the name of your state (only U.S. law)? Arkansas

My husband runs an online business which he was allowing his ex wife to continue to help with because she had posession of 2 vehicles in his name b/c her credit was bad. She worked her end of the business and made the car payments no problem. Then she suddenly quit working, and quit paying on the cars. It states in their divorce decree that he is responsible to pay those cars if she stops (b/c at the time she was needlessly worrying that i would come take them...yeah right!). So, we decided the only thing to do was file bankrupcy b/c there is NO way we can afford 1,000 extra dollars a month PLUS cover her insurance. They mistakenly told us at the law office that the bankrupcy would over rule the decree...so we let the payment slip since they were going to be repoed and covered under the bankrupcy anyways. WELL, then they told us they made a mistake and we were, in fact, resposible since it was a court order. So we had to scrap together all our savings ($4000) to get them caught up, and now we have nothing, no money to put towards those cars. It's impossible. So, my question is, this woman doesn't have any of my husbands children, she has no job, no morgage, she owns other items like motorcycles, boats whatnot...can their decree be reopened to get that changed b/c my husband can't afford to pay them? I don't know how much spousal support one would need, especially since she doesn't even have a job. We will continue with the bankrupcy...b/c we have incured too much debt and have medical bills high in the sky. Will the fact we are in the midst of a bankrupcy help/or hurt our case? The lawyer doesn't want to proceed with filing until those car payments are caught up...but we're unable to do that (one is, one isn't)...I want to focus more on getting this decree changed, or figuring out what to do with those cars in the long run and put the bankrupcy on the bakcburner until this mess is handled? Thoughts? Help? tomato's to throw (i notice alot of you people are rather rude...but I can take it..:)I know little to nothing about the law in this state but am eager to discover if only to save our drowning finacial necks
Your H cannot modify his divorce decree to get alimony later. One bite at the apple, and that's it.

If he has custody of the children, or "primary placement," he can file for child support. Any financial issues in his decree that she has not honored, he can enforce through filing for contempt.

Hint: It's RUDE to call us "rude" when we haven't done anything TO YOU...yet. :rolleyes:
 

InEdensBliss

Junior Member
he doesn't have any children with her. It's all about material crap. I've been looking over the decree and it's all about the cars she has now. If they are reposesed, he has to replace them...BUT it says nothing about making payment for different cars, or covering that insurance. Perhapes that would be a better option? Let those cars be reposessed, filled under our bankrupcy, then titleing and handing over different ones to her? I wasn't calling anyone in particular rude, forgive.
 

LdiJ

Senior Member
he doesn't have any children with her. It's all about material crap. I've been looking over the decree and it's all about the cars she has now. If they are reposesed, he has to replace them...BUT it says nothing about making payment for different cars, or covering that insurance. Perhapes that would be a better option? Let those cars be reposessed, filled under our bankrupcy, then titleing and handing over different ones to her? I wasn't calling anyone in particular rude, forgive.
Give us the exact wording from the decree, regarding the cars.
 

InEdensBliss

Junior Member
The balance due, including principal, intrest and all other charges on the promissory note to (us bank and compass bank)and given as part of the purchase price of and secured by a lien on 2006 mustang and 2005 chevrolet---->that part was under the part that said it is ordered and decreed that husband shall pay, as a part of the division of the estate of parties and shall indemnify and hold the wife and her property harmless from any failure to so discharge these items.

It is ordered and decreed that in the event husband defaults on the car loan payments discussed above, causing the vehicles awarded herein to wife to be repossessed, husband shall, within 15 days of reposession, purchase for wife a vehicle of the same year, make, and model as the vehicle that was reposessed. Further it is ordered that the vehicle shall be in good working order and to be delivered to wife. Further it is ordered that husband shall do whatever is necessary to have the replacement vehicle titled in wife's name.

Okay, now, can he get her a vehicle, title it in her name, then get the other ones reposessed under the bankrupcy? Can he purchase it (just down payment) then leave the payments up to her b/c it didn't specify that very clearly. I'm just in shock that nowhere in the decree did it mention that since SHE was in posession of them, SHE had to pay for them. He only had to be held responsible if he took control of them. Or does purchase mean...all of it, pay every bit? The only way he can title it without her signing it is to pay for it outright, which obviously there's no way we can do. If she doesn't sign for it, then what? Can he just walk away and say he tried but she can't hold him in contempt? Is there anyway he could get THESE titled in her name without having to pay the entire amount owed? I just want rid of the cars and rid of her. Keep in mind, these cars are both in HIS name.
 

LdiJ

Senior Member
That first paragraph wasn't clear, because of your editing/inserts and because you didn't start at the beginning of the paragraph.

However, its sounds to me like he was responsible for paying the car payments...all of them...right from the get go. Apparently he got other assets in exchange for him paying for the cars.

And yes, the word "purchase" means pay for in full. Your husband is going to be in a world of hurt if he doesn't fully pay for those cars.
 
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InEdensBliss

Junior Member
No, he got nothing...he simply got screwed as far as I can tell. She gets cars, he gets bills that we can not pay. In reading it, I'm in utter shock that she didn't stop paying for them long ago. Okay, here is what it says under her section:

It is ordered and decreed that wife shall pay as a part of the division of the estate of the parties, and shall indemnify and hold the husband and his property harmless from any failure to so discharge, these items:

All encumbrances, ad valorem taxes, liens, assessments, or other charges due or to become due on the real and personal property awarded to the wife in this decree unless express provision is made in this decree to the contrary.

Anything in there that could help?
 

InEdensBliss

Junior Member
and I didn't omit anything (other than their names) and put which section it was under to try to help. So, if he's in a world of hurt...what is that world of hurt? He can't make those payments. It's not like he doesn't WANT to...obviously the circumstances suck, but he does want to honor his obligations...he just CANT. What is the absolute, bottomline, worst thing that could happen? He will bend over backwards to seek a resoution instead of just dropping it. Is there some kind of temporary thing that can be ordered until we can get back on our feet finacially? Thank you for your help by the way. I appreciate it greatly.
 

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