enforcement of marital sep. agreement post divorce

[oneofakind9696]

What is the name of your state? MD - Divorce filed and granted in PA

In our marital separation agreement, we agreed to each split equally the purchase price of a vehicle for our daughter when she turned 16. There was a cap of 11K. The agreement was that we each could find our own method of financing. I paid for the car in full through personal funding 10K. I've asked the ex for his portion and he refuses to pay. I've filed a small claims suit to recover. Any reason why this would not hold up?

His defense and anticipated countersuit is this: we split personal debts equally and one of the debts (credit card) that was jointly held was on my obligation list. I, since, have file ch. 7 and have had my debts discharged. Our agreement also indicated that we waived our right to sue, past, present and future for the debts listed as well as al the hold harmless lingo. He took a loan to pay that credit card - due to his credit being dinged and them coming to him for the money. Since he chose to pay this off, can he recover the 1,500 on the countersuit?

 

[IrishLady47]

Let me make sure I have this right. You agreed in the divorce settlement to pay a certain credit card debt, you didn't. He agreed to pay 1/2 of the cost of a car for your daughter, he didn't. I think you are both about even, wouldn't you say, you both violated the agreement. But, your user name says it all-you filed Chap 7 because you couldn't pay your debts, but financed 10k for a car for a 16 yr old. Wow!

 

[oneofakind9696]

clarification

the vehicle was funded by her grandparents. He makes 3 times what I make. I only owed $1500 on the credit card, a little less than $5500. He is only hurting her, not me, and he should pay. I've never said I wasn't paying him the 1500. In fact, I've told him I would.

 

[LdiJ]

the vehicle was funded by her grandparents. He makes 3 times what I make. I only owed $1500 on the credit card, a little less than $5500. He is only hurting her, not me, and he should pay. I've never said I wasn't paying him the 1500. In fact, I've told him I would.

He owes you 5500.00....you owe him 1500.00, if it goes to court the judge is going to end up making him pay you 4000.00. Its fairly simple math.

 

[IrishLady47]

He owes you 5500.00....you owe him 1500.00, if it goes to court the judge is going to end up making him pay you 4000.00. Its fairly simple math.

Maybe the judge will look at that way, maybe he won't He has already spent $1,500 to pay off the credit card she was supposed to pay. She hasn't spent anything on the car--the grandparents have forked over 10k. If the man had some integrity, he'd subtract what she owed him from his half of the car cost and give that money to the GRANDPARENTS, not her!

 

[Kansas4me]

You gotta wonder when in her first post she says she paid for the car in full through personal funding. and then says grandparents paid.

Makes me think that maybe grandparents paid but she hopes to get the 5500 out of ex even though she didn't pay a dime.

 

[LdiJ]

You gotta wonder when in her first post she says she paid for the car in full through personal funding. and then says grandparents paid.

Makes me think that maybe grandparents paid but she hopes to get the 5500 out of ex even though she didn't pay a dime.

Its far more likely that she wants the money back for her parents, the grandparents.

 

[IrishLady47]

Which is why I think the ex should pay it directly to the grandparents, after subtracting what she owes him. Then, it up to her to repay the balance to the GP which are most likely her parents. And, who probably are not holding their breath for the money. Remember, the OP filed Chap 7--good money management may not be her strong point. Even if that's not the case, she's not out any money, so I don't think any payment should go directly back to her.

 

[Kansas4me]

Sounds reasonable enough, question is will our courts get it right?

 

[oneofakind9696]

I don't want a cent of this, it belongs to my parents and should go straight to them. I am only suing on behalf of my daughter since we did the same for the older daughter when she turned 16. I did my best to keep up with the payments and managed money very well during my 19 yr marriage. When you drop that much income and try to maintain same standard of housing for the kids, it gets difficult.