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  1. #1
    nycva06 is offline Junior Member
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    Contempt of Court/Divorce Judgment

    What is the name of your state (only U.S. law)? US

    Need some help! My ex-wife and I divorced in NY 2007..we had no property together except for a vehicle that was in her name soley..but because it was purchased after the marriage judged said i was responsible for have of it. ( $14,000) well since then i moved to another state but have been on and off..we had another child in 2010. We tried it again i moved back to NY Jan of 2011 and unfortunetly it did not work out so i moved out May 2011. Now she is taking me back to court on contempt charges. Since 2007 she has sold and traded in the vehicle 3 times. Am i still responsible for these payments? Can i be held in contempt although she sold/traded in the vehicle? I think she is retaliating..to go back to court after all these years.
  2. #2
    TinkerBelleLuvr is offline Senior Member
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    Quote Originally Posted by nycva06 View Post
    What is the name of your state (only U.S. law)? US

    Need some help! My ex-wife and I divorced in NY 2007..we had no property together except for a vehicle that was in her name soley..but because it was purchased after the marriage judged said i was responsible for have of it. ( $14,000) well since then i moved to another state but have been on and off..we had another child in 2010. We tried it again i moved back to NY Jan of 2011 and unfortunetly it did not work out so i moved out May 2011. Now she is taking me back to court on contempt charges. Since 2007 she has sold and traded in the vehicle 3 times. Am i still responsible for these payments? Can i be held in contempt although she sold/traded in the vehicle? I think she is retaliating..to go back to court after all these years.
    confused here. Was she awarded the car but you were responsible for the payment? Do either of you still have THIS car?
  3. #3
    Bali Hai is offline Senior Member
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    Quote Originally Posted by TinkerBelleLuvr View Post
    confused here. Was she awarded the car but you were responsible for the payment? Do either of you still have THIS car?
    Sounds like she was awarded the car and he was responsible for half the future payments. That's what NY judges do.
  4. #4
    nycva06 is offline Junior Member
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    She was awarded the vehicle and I was to pay for vehicle half of the vehicle. I was to pay $14,000 on it. But she sold the car or traded it for 2 other vehicles.
  5. #5
    TinkerBelleLuvr is offline Senior Member
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    I would probably take it to an attorney for a quick consult. Have your divorce decree with you. If it was done right, you were responsible for half the payment of THAT PARTICULAR CAR LOAN. Car gone ... poof.
  6. #6
    nycva06 is offline Junior Member
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    @Bali
    Yes that is correct i was to pay for these payments totalling $14,000 but i guess what my question is..Am I still responsible for these payments if she has sold the vehicle twice, Seems like she is trying to reap the benefits twice over same vehicle..sold for a more expensive car kept it then traded it in for her current car. Original car was not repossessed she traded it to upgrade TWICE. She is claiming Contempt and financial hardship
  7. #7
    nextwife is offline Senior Member
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    You would not necessarilly be responsible for SUBSEQUENT vehicles!

    Once the debt is paid off, it doesn't exist.

    If I own a house, and have a fifty thousand dollar mtg, I sell that house, payoff the loan, buy another, then do so again, I don't have a debt on the first house anymore.
    Last edited by nextwife; 07-28-2011 at 01:35 PM.
  8. #8
    nycva06 is offline Junior Member
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    That's what i was figuring myself..I will consult with an attorney.

    Thank you for the advice.
  9. #9
    Bali Hai is offline Senior Member
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    Quote Originally Posted by nextwife View Post
    You would not necessarilly be responsible for SUBSEQUENT vehicles!

    Once the debt is paid off, it doesn't exist.

    If I own a house, and have a fifty thousand dollar mtg, I sell that house, payoff the loan, buy another, then do so again, I don't have a debt on the first house anymore.
    I'm wrestling with why she got to keep the original car and the judge made him pay for half of it. It was a marital debt, but she retained possession of the asset. She got the car and what did he get for his half of the car payments? Zippo!

    If she keeps the car, she gets to pay for it! If not, sell the car and split the proceeds, if any.
  10. #10
    nycva06 is offline Junior Member
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    I am going to go back and read over the divorce judgment..and at that the loan on car was in her name soley..we actually had NO properties in both of our names..only big purchase was her the car and it was in her name. In addition to that, why are all these years she is trying to take me to court..never said a word about it then..until now that she knows for sure it is over. Also i have not been served yet..i know about the contempt because she hired a supposed private investigator or process/ serve to serve me however they are keep going to my mother's house and job. when she knows i do not live there anymore..and when i went to P.O to have my mailed fwd to where i currently live she cancelled the request and then txt me. " I received your confirmation of change of address, THANKS now i know where you live and will have them serve you there" BUT no one has come to my new residence..I keep getting calls from a "private investigator" that keeps threatening to testify against me that i have been avoiding this "LEGAL Document". This is totally riduculos..i feel like i am living a horrible fatal attraction..HELL.
  11. #11
    TinkerBelleLuvr is offline Senior Member
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    If you get an attorney, have your attorney ask for your legal fees to be paid for a frivolous suit - assuming that the specific loan is covered. if you paid the loan until it was sold, you will most likely be covered.

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