Unable to follow divorce decree order

[joelsintrouble]

This is for Minnesota. I was supposed to put my car in my name per the divorce decree but was unable to without a cosignor due to being self employed. I have now lost my job and debating bankruptcy. What can happen to me if I was unable to secure a loan on my own as she was the cosignor when we were married so I assume they will go after her to collect the debt? I tried, but the banks wouldn't let me. What can happen to me as I would assumeit is a violation of a court order?

 

[mistoffolees]

This is for Minnesota. I was supposed to put my car in my name per the divorce decree but was unable to without a cosignor due to being self employed. I have now lost my job and debating bankruptcy. What can happen to me if I was unable to secure a loan on my own as she was the cosignor when we were married so I assume they will go after her to collect the debt? I tried, but the banks wouldn't let me. What can happen to me as I would assumeit is a violation of a court order?

You were self-employed but you lost your job???

Let me make sure I understand this. The car was titled in her name but the loan was in both of your names? And you were supposed to refinance it in your own name and take her name off the title?

The divorce court isn't going to care why you couldn't comply. You had time to comply earlier and failed to do so (and being self-employed is not a barrier to getting a loan - lots of self-employed people get loans all the time).

Your best bet is to sell the car and pay off the loan. If you do that before declaring bankruptcy, then your ex would not be involved in the bankruptcy in any way. If the car was assigned to you by the court, then if there's money left over after paying off the loan, then it would be yours.

 

[joelsintrouble]

Self Employed

I was a Real Estate agent and have now let go of my license and as a realtor, banks were unwilling to let me refinance it. I can sell the car but will still have a $10,000 deficit between loan value and sale price. The car and my support are the only bills I have been able to keep current. What are the possible scenarios if I can't continue to pay? What can the court order of me when there is no money? Can they order jail time? A payback plan to her? I'm out of options if I can not find a job.

 

[Ohiogal]

I was a Real Estate agent and have now let go of my license and as a realtor, banks were unwilling to let me refinance it. I can sell the car but will still have a $10,000 deficit between loan value and sale price. The car and my support are the only bills I have been able to keep current. What are the possible scenarios if I can't continue to pay? What can the court order of me when there is no money? Can they order jail time? A payback plan to her? I'm out of options if I can not find a job.

Here is the problem: You let go of your license. That was a CHOICE. You can be found in contempt. As self employed you could have a job if you so chose. Seriously, you need to get your license again and start working at that and anything else.

 

[joelsintrouble]

I couldn't afford the dues

Realtors in my area have went from there being 1300 to 550. The dues were too expensive and I could no longer afford them. I have a bachelors degree in business and am applying for jobs every day and the temp services keep telling me I am over qualified! I told them I would do anything but they wont place me and the jobs I do apply for are getting hundreds of applicants as the unemployment rate in my county is 14%. I am even willing to relocate to find a job. I spend a minimum of 8 hours every day either dropping off resumes or applying online to postitions that become available. I am mainly concrened with finding a job and losing it due to the ramifications of this. If I can find a job I can hopefully hang on to the car and get it paid off, my question is what if I can't?

 

[nextwife]

Here is the problem: You let go of your license. That was a CHOICE. You can be found in contempt. As self employed you could have a job if you so chose. Seriously, you need to get your license again and start working at that and anything else.

In many areas, the mandatory Board of Realtors membership and monthly MLS fees can be daunting if one does not have closings to cover them.

And then there are mandatory continuing ed classes, again with a corresponding out of pocket cost. I gave up my RE license a few years ago because the cost of keeping it was too high (of course, I was not working as an agent)

 

[joelsintrouble]

Results

I'm just concerned that I land a job and try to get back on my feet, this comes up and haunts me. Understanding that judges will do what judges do... Is contempt of this order grounds that I may get jail time? Which would result in my hunt for a job and possible job to be eliminated. I just need to be able to sleep at night and not wondering if all of my efforts are not in vain. I wish I could afford an attorney and can if I can get a job but... Just worrying about the possibilities so is contempt in this fashion punishable by jail time? I don't know what to do. I'm in over my head. I just want a good nights sleep. I could also make a pretty good argumen I signed this under duress as at the time I was being treated for depression.

 

[Ohiogal]

You may not get jail but expect that the court will give your car to your ex so that she can do what she wants with it. That is a possibility.

 

[LdiJ]

Look...what are you going to do for transportation back and forth to work if you do not have a car? You are going to have to reaffirm the car in the bankruptcy. You will need the car for transportation as well as need to continue to make the payments in order to satisfy the divorce decree.

Reaffirming things like cars and houses, when possible, is the way to get your credit back to decent standing in a shorter amount of time after a bankruptcy.

You need to take ANY job that you can get right now, even if its fast food, so that you at least have some money coming in.

 

[joelsintrouble]

as far as jobs go...

I would like to reaffirm this loan because prior to my renovating houses I had a credit score of 800+ I have two homes on the market both going into foreclosure as the market here is now horrendous and am willing to live in a tent if need be. I also told the temp agencies who have told me I am over qualified that I am willing to do anything including shovel manure out of a barn...I don't care at this point and nothing is beneath me. As far as transportation, my mom is selling an older model car and is willing to set up a payment plan so if I can rid myself of the high payment of this vehicle I would be in relatively good shape. Had I known I would be unable to secure a loan on my own I would have never agreed to sign the decree wih that on it. I have never had so much as a late payment on anything up until now and am just concerned about the possibility of going to jail over it because prior to this my worst offense was a speeding ticket and I can't imagine the possibility of going to jail due to not being able to find a job. So far the car is current but I am unsure of how I will make next months payment and child support as I am assuming support is the priority although not making a payment will also affect the ex. Which do I pay? So far I only have funds for one not both. I am only behind on the houses which I am willing to let go and one out of five credit cards but am trying to be proactive. Would a letter to the judge be helpful?

 

[Ohiogal]

Look...what are you going to do for transportation back and forth to work if you do not have a car? You are going to have to reaffirm the car in the bankruptcy. You will need the car for transportation as well as need to continue to make the payments in order to satisfy the divorce decree.

Reaffirming things like cars and houses, when possible, is the way to get your credit back to decent standing in a shorter amount of time after a bankruptcy.

You need to take ANY job that you can get right now, even if its fast food, so that you at least have some money coming in.

Actually you don't necessarily HAVE to reaffirm. You can just keep making payments on the car and they won't take it so long as you are making the payments. Banks like you to reaffirm but that doesn't mean it is a necessity.

 

[LdiJ]

Actually you don't necessarily HAVE to reaffirm. You can just keep making payments on the car and they won't take it so long as you are making the payments. Banks like you to reaffirm but that doesn't mean it is a necessity.

That's true, but the reaffirmation does seem to make future credit availablity more forthcoming.

 

[joelsintrouble]

I'm not even worried about my credit at this point, in some ways a fresh start seems okay, at 35 I feel I can start over and make do. I am however concerned if I can not find a job I have a very expensive car payment to make which is upside down, what can happen? I am dealing with an ex who is a social worker and has lied in court in the past and I even have documented instances (4 in fact) of her staing she "just read the divorce decree and the judge never specified what days you can have the kids." I was rather embarassed when my divorce attorney told me it was Wednesdays over night. I basically buried my copy of the decree as it was not something I wanted to be reminded of. As soon as the bank calls her if I can't make the payment she will be the first requesting he throw the book at me. She also lied in court although I can't prove it. So I am just concerned that if I can not make my almost $600 car payment, can they put me in jail? I wake up every night worrying about it and am just looking for some sort of peace of mind. I contacted an attorney and he said as long as I make every effort to pay it they "probably can't," but am unsure what that means and would like to let the money trap go as it has become very expensive to maintain and the transmission is going....