Marital Settlement Decree

From Houston, Texas

My ex-husband and I have been divorced for approximately one year now, and I just got a call from Ford Motor Credit telling me I was to remit payment immediately because he is late. It states in my divorce decree this:

IT IS FURTHER ORDERED AND DECREED that the party awarded a debt shall indemnify and hold harmless the other party from any failure to discharge such debt.

Ford on the other hand is telling me my divorce decree is meaningless as it does not superceed my original contract. HELP! I don't understand why I should have to pay his payments and assume his bad credit when I have been divorced from him one year already. Is there nothing I can do?

Any input or advice would be sincerely appreciated.
Thanks in advance,
Tangled in Texas

[I AM ALWAYS LIABLE]

Originally posted by Tangled in Texas
From Houston, Texas

My ex-husband and I have been divorced for approximately one year now, and I just got a call from Ford Motor Credit telling me I was to remit payment immediately because he is late. It states in my divorce decree this:

IT IS FURTHER ORDERED AND DECREED that the party awarded a debt shall indemnify and hold harmless the other party from any failure to discharge such debt.

Ford on the other hand is telling me my divorce decree is meaningless as it does not superceed my original contract. HELP! I don't understand why I should have to pay his payments and assume his bad credit when I have been divorced from him one year already. Is there nothing I can do?

Any input or advice would be sincerely appreciated.
Thanks in advance,
Tangled in Texas

My response:

Ford Motor Company Credit is absolutely correct. Your divorce decree is a contract between you and your ex. FOMOCO is not a party to that contract. They have your signature on "their" contract, and to them, that's all that counts. And they are correct.

Your only recourse is to sue your ex husband for Breach of Contract (your divorce decree) and for Partition for the money to pay FOMOCO, or to have the vehicle ordered back into your hands, or to have the vehicle ordered sold.

If the vehicle is repossessed, your credit is going to suffer greatly. Therefore, if you can, and while your lawsuit is pending against your ex, pay the monthly payments on the vehicle, and you can claim those payments as damages in your Breach of Contract lawsuit.

This was poorly handled by your attorney who allowed you to sign the decree leaving you in danger and at the mercy of your ex husband paying the monthly payment. This he has not done and now, because of your attorney's error, has placed you in financial danger and distress. Your attorney should have insisted that your name come off of the vehicle loan by 1) causing your husband to refinance the car or, 2) have the vehicle sold to pay off FOMOCO.

Now, as a result of your attorney's error, you are now going to be caused to pay litigation expenses, besides the monthly payments on the vehicle.

Good luck to you.

IAAL

I just remembered that my ex's Ford is on a Red Carpet Lease...does that change anything? I know I will still be responsible, but does that make a difference in any way?

[I AM ALWAYS LIABLE]

Originally posted by Tangled in Texas
I just remembered that my ex's Ford is on a Red Carpet Lease...does that change anything? I know I will still be responsible, but does that make a difference in any way?

My response:

Not insofar as your credit is concerned. The only difference is that the vehicle cannot be sold. Everything else remains the same.

You're welcome.

IAAL

I sincerely appreciate your advice. I was afraid things had not been handled appropriately at the time of the divorce, but never did I think it would come back on me like this. I have a car that has his name on it, and I have always made my payments on time, so it looks like I get the short end of the stick this time.

But in all sincerity.....Thank you.

Tangled in Texas