Divorce Decree, statute of limitations

[Polar1996]

What is the name of your state (only U.S. law)? NY
Is there a statute of limitations for filing a junction against a ex spouse who has not followed thru with what was ordered to be done in the divorce decree in NY state?What is the name of your state (only U.S. law)?

 

[Proserpina]

What is the name of your state (only U.S. law)? NY
Is there a statute of limitations for filing a junction against a ex spouse who has not followed thru with what was ordered to be done in the divorce decree in NY state?What is the name of your state (only U.S. law)?

It would really help if you could give us an idea of the situation.

When was the decree ordered?

What was ordered?

What hasn't been done?

What do you wish to accomplish?

 

[Polar1996]

In the decree my ex was ordered to pay me maintenance of $600 for 4 years, it states that he is supposed to pay my car payment and then when the car is paid off he has to pay it to me directly. The decree was signed by us in October of 2009 and ordered in January of 2010. In March of this year, 2011, my car was repo'd due to lack of payment on his part. Come to find out he hadn't made a payment on it since July of 2009.

My question is can I go after him for the amount that he owed on my car since that was my maintenance and how long do I have to do this?

 

[Proserpina]

Did you make any payments on the car?

What was the exact wording of the decree regarding such payments?

 

[Polar1996]

No I did not make any payments because he was ordered to pay them. Wording is that he makes maintenance payments of $600 a month, he pays it directly to bank for car payment until it is paid off, then he makes payments directly to me

 

[Proserpina]

No I did not make any payments because he was ordered to pay them. Wording is that he makes maintenance payments of $600 a month, he pays it directly to bank for car payment until it is paid off, then he makes payments directly to me

We really need the EXACT wording. Minus names.

Please understand though that the car company was not a party to your divorce decree, and had every right to repossess. They don't care who pays.

Were you keeping track?

 

[nextwife]

You did have use of the these past few years. I'm curious why, if you needed spousal support, you'd want a $600/mo car?

Are you in touch with the ex? Do you know if he's alive and well?

 

[Polar1996]

We really need the EXACT wording. Minus names.

Please understand though that the car company was not a party to your divorce decree, and had every right to repossess. They don't care who pays.

Were you keeping track?

Ok the exact wording, dated and signed 10/14/09

Husband will pay maintenance to wife in the amount of $600 per month for a term of four years. The first payment will be made within seven days of the date of this agreement, So long as there is any unpaid balance on the auto loan to (bank name), husband's maintenance payments shall be paid directly to (bank name). When the auto loan is paid off, then husband's maintenance payments shall be paid directly to wife. Husband's obligation to pay maintenance to wife shall cease upon the death of wither party or upon wife's remarriage. Husband will provide wife with copies of monthly statements for the auto loan until loan is paid off. Statements to be provided within ten days of receipt.

I was never sent any monthly statements. And like I said come to find out he had not made a payment on the loan since July of 2009, before we even signed.

 

[Polar1996]

You did have use of the these past few years. I'm curious why, if you needed spousal support, you'd want a $600/mo car?

Are you in touch with the ex? Do you know if he's alive and well?

Yes my ex is alive and well and once in a great while we do "talk" rather text.

 

[mistoffolees]

Ok the exact wording, dated and signed 10/14/09

Husband will pay maintenance to wife in the amount of $600 per month for a term of four years. The first payment will be made within seven days of the date of this agreement, So long as there is any unpaid balance on the auto loan to (bank name), husband's maintenance payments shall be paid directly to (bank name). When the auto loan is paid off, then husband's maintenance payments shall be paid directly to wife. Husband's obligation to pay maintenance to wife shall cease upon the death of wither party or upon wife's remarriage. Husband will provide wife with copies of monthly statements for the auto loan until loan is paid off. Statements to be provided within ten days of receipt.

I was never sent any monthly statements. And like I said come to find out he had not made a payment on the loan since July of 2009, before we even signed.

Then you can file for contempt.

Although it amazes me that you waited this long to do anything.

 

[Polar1996]

Then you can file for contempt.

Although it amazes me that you waited this long to do anything.

Ok how do I go about doing that?

 

[Bali Hai]

In the decree my ex was ordered to pay me maintenance of $600 for 4 years, it states that he is supposed to pay my car payment and then when the car is paid off he has to pay it to me directly. The decree was signed by us in October of 2009 and ordered in January of 2010. In March of this year, 2011, my car was repo'd due to lack of payment on his part. Come to find out he hadn't made a payment on it since July of 2009.

My question is can I go after him for the amount that he owed on my car since that was my maintenance and how long do I have to do this?

Your ex was not legally required to pay the car payments in July, August and September 2009.

 

[Polar1996]

Your ex was not legally required to pay the car payments in July, August and September 2009.

Yes he was because the loan was in his name!

 

[Bali Hai]

Yes he was because the loan was in his name!

Understood, however, he is not in contempt of court for not paying those months.

 

[Polar1996]

Understood, however, he is not in contempt of court for not paying those months.

But he's in contempt for not paying any maintenance at all!