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car payments

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nahum

Junior Member
What is the name of your state? delaware
I cosigned to purchase a car for my ex-wife while we were married. We got divorced 9 months after the purchase of the car. I stopped making payments on the car since the car was in my ex-wifes name and in her possesion. There was no property seperation in the divorce so my ex-wife still had the car. She took me to court to have me continue paying for the car. A judge decided that I agreed to purchase the car for her so there for, I am required to continue payments.
I had not made any payments on the car because I can not afford it. My ex-wife then took me back to court and the same judge was upset that I did not follow his original decision and told my ex-wife that she should file to have my wages garnished.
Now I have a wage garnishment on top of child support that I also have garnished from ny wages.
My question is this:
Since the purchse of the car was made during marriage, is there a law that neglects any thing that was agreed to during marriage? Many promises were made during marriage and none of them are being kept now that we are divorce. And is there any way I can fight this ruling?
 


M

mistoffolees

Senior Member
nahum said:
What is the name of your state? delaware
I cosigned to purchase a car for my ex-wife while we were married. We got divorced 9 months after the purchase of the car. I stopped making payments on the car since the car was in my ex-wifes name and in her possesion. There was no property seperation in the divorce so my ex-wife still had the car. She took me to court to have me continue paying for the car. A judge decided that I agreed to purchase the car for her so there for, I am required to continue payments.
I had not made any payments on the car because I can not afford it. My ex-wife then took me back to court and the same judge was upset that I did not follow his original decision and told my ex-wife that she should file to have my wages garnished.
Now I have a wage garnishment on top of child support that I also have garnished from ny wages.
My question is this:
Since the purchse of the car was made during marriage, is there a law that neglects any thing that was agreed to during marriage? Many promises were made during marriage and none of them are being kept now that we are divorce. And is there any way I can fight this ruling?
Click to expand...
Generally, anything you do during marriage is binding on both of you. You signed an agreement with the lender. They don't care if you're married, divorced, single, or whatever--your name is on the contract. You can't abrogate a contract just because you don't like it any more.

The lesson here is that when a judge tells you to do something, you do it. You're lucky he didn't make you pay her legal expenses or a fine (or even go to jail, although that's less likely).

You can appeal the decision if you wish, but I don't see what grounds you have. You'll end up spending a great deal of money trying to appeal it and probably lose. You might have had a chance to negotiate a better deal if you had done so before the divorce was final, but it's too late now.
 
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