Ex defaults on loan

[uglytobone]

Texas here.

As part of our divorce settlement my wife was assigned the responsibility of a loan that was in both of our names and used my car as collateral. Last night my car was repossessed because of non-payment on the loan. My ex is just gawd-awful with money, and there is the possibility that she may have allowed this to occur out of vindictiveness-- although she would never admit to that. She assured me just a few days ago that I was in no danger of getting my car repoed.

Anyway... I had to pay off the loan balance plus additional fees to get my car back. Can I legally deduct the amount I had to pay from future child support?

I think our arrangement is very generous to her. Because my income is greater than hers, I pay full support even though we have 50/50 joint custody. There are also additional stipulations in the decree for clothing, school and medical expenses as well as college.
I will not necessarily try to recoup this money... but I would like to know if I could legally withhold CS funds if I choose to do so.

Thank you for your advice.

 

[PaMomof3]

No, you can't....

No you can not withhold the money from your child support payments. If you do not pay the ordered child support then you could be held in contempt. Since it was part of the marriage settlement agreement that she take responsibility of this loan, you will have to file a contempt charge against her if you choose to recover the money you have paid. You can take her to court based upon her default of her obligation. You also can request that she pay your lawyer fees unless it specifically states in your agreement that you can't.

 

[stepmom65]

You cannot withhold any CS at all, without a court order. If you decide to deduct any amount, and you don't go through the proper channels, you will go into arrearges and then you have other problems.
You need to take your X back to court and ask for a modification and ask that she reimburse you for the defaulted loan that you paid on her behalf. I'm not sure if you will get anything, but if it is in writing on your divorce papers, then she's in comtempt....

 

[uglytobone]

Thanks

Thank you very much for your replies.