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would a judge allow this

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rpaulene

Junior Member
What is the name of your state (only U.S. law)? West Virginia I was never married to my now ex we lived together off and on for 8 yrs. We have a 6 yr old together and I am taking him to court for child support. What I need to know is in December he bought me a new car and yes making the payments on them. I have no other car or way to buy one. I would like to ask the judge when we go for support to just make him keep paying for the car which is only in his name and not pay support since if I lose this car I have no way to go to work or go anywhere. Would a judge allow this?
 


Silverplum

Senior Member
What is the name of your state (only U.S. law)? West Virginia I was never married to my now ex we lived together off and on for 8 yrs. We have a 6 yr old together and I am taking him to court for child support. What I need to know is in December he bought me a new car and yes making the payments on them. I have no other car or way to buy one. I would like to ask the judge when we go for support to just make him keep paying for the car which is only in his name and not pay support since if I lose this car I have no way to go to work or go anywhere. Would a judge allow this?
Generally, no. But you can search the statutes to see if some sort of "substitution" is allowed. I strongly doubt it.

Cut off your nose to spite your face, did you?
 

single317dad

Senior Member
What is the name of your state (only U.S. law)? West Virginia I was never married to my now ex we lived together off and on for 8 yrs. We have a 6 yr old together and I am taking him to court for child support. What I need to know is in December he bought me a new car and yes making the payments on them. I have no other car or way to buy one. I would like to ask the judge when we go for support to just make him keep paying for the car which is only in his name and not pay support since if I lose this car I have no way to go to work or go anywhere. Would a judge allow this?
It might be possible if you and Dad agree to it, but to have a judge order that over Dad's objections? Probably not. It may be in both of your best interest to have an arrangement like this, since there's a good chance the car wouldn't sell for what's owed on it. Have you asked Dad about this? If so, what did he say? How much does the car payment vary from the guideline support amount? How much support (and in what manner) do you expect Dad to pay after the car is paid off?
 

I'mTheFather

Senior Member
I can't see the judge ordering the boyfriend to allow you to keep his property. What's to stop him from taking the car back?

I don't think you have a good plan there.
 

Zigner

Senior Member, Non-Attorney
Since you would be fine not having child support ($), then why don't you simply put that money in a bank? If the BF ever stops paying for the car, or if the BF takes the car back, then you have a bit of a cash reserve set aside to pay for your own car...
 

LdiJ

Senior Member
I can't see the judge ordering the boyfriend to allow you to keep his property. What's to stop him from taking the car back?

I don't think you have a good plan there.
You are assuming that the car is in the boyfriend's name only.
 

TheGeekess

Keeper of the Kraken
What is the name of your state (only U.S. law)? West Virginia I was never married to my now ex we lived together off and on for 8 yrs. We have a 6 yr old together and I am taking him to court for child support. What I need to know is in December he bought me a new car and yes making the payments on them. I have no other car or way to buy one. I would like to ask the judge when we go for support to just make him keep paying for the car which is only in his name and not pay support since if I lose this car I have no way to go to work or go anywhere. Would a judge allow this?
You are assuming that the car is in the boyfriend's name only.
No, there is no assuming. :cool:
 

CJane

Senior Member
The current child support order in my case requires Ex to pay me a total amount of money, with a % coming to me, and a % diverted into a mutual account fund in his name / UGMA. This money, plus any interest, will become the property of the youngest child upon her 21st birthday. I'm sure something similar could be agreed to regarding the car.
 

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