Ex-Wife not following the orders of the decree

[riggenbach34]

What is the name of your state? Ohio

I was recently divorced in Feb of this year and it says in the Divorce decree that she is to have the car taken out of my name and I am to have the truck taken out of hers. I had her removed from the truck sometime last year and yet she still hasn't had me removed. I am trying to buy a house and i know that having me off the loan will get me a better loan amount. My lawyer is telling me that it is going to cost $600 or more to file a motion to enforce the decree. My questions are....

*Can I make her pay my lawyer fees for not complying with the decree?
*Can I file a motion for myself?
*Do you have any advice??

THANKS!
-Jeremy

 

[Ohiogal]

What is the name of your state? Ohio

I was recently divorced in Feb of this year and it says in the Divorce decree that she is to have the car taken out of my name and I am to have the truck taken out of hers. I had her removed from the truck sometime last year and yet she still hasn't had me removed. I am trying to buy a house and i know that having me off the loan will get me a better loan amount. My lawyer is telling me that it is going to cost $600 or more to file a motion to enforce the decree. My questions are....

*Can I make her pay my lawyer fees for not complying with the decree?
*Can I file a motion for myself?
*Do you have any advice??

THANKS!
-Jeremy

How long does the decree state she have to take the car out of your name. You can file a contempt motion however three months seem to be all that have passed and that is not a lot of time. It is not that easy to refinance a vehicle. You can file contempt and in Ohio if she loses she "shall" under statute pay your attorney fees. You can also file the motion yourself IF you follow all the local rules and are aware of how to do so.

 

[LdiJ]

Also, you need to remember that she also has to be able to qualify for the loan. She can't obey the order if no one will give her financing.

A car is also something that can't generally be sold to satisfy a loan, because most car loans are upside down until you get near the end of the loan period....which is another reason why refinancing can be difficult.

 

[riggenbach34]

how do i file?

I told my mother to go up to the courthouse to file a motion because i wasn't in town, but she said they told her that I have to have my lawyer do it. I dont get it. I hate the entire judicial system. I get cheated on and have to pay her. bogus bunch of bullcrap. Does anyone know of any sites online that has forms and steps for doing this in the state of Ohio?

 

[Zigner]

I told my mother to go up to the courthouse to file a motion because i wasn't in town, but she said they told her that I have to have my lawyer do it. I dont get it. I hate the entire judicial system. I get cheated on and have to pay her. bogus bunch of bullcrap. Does anyone know of any sites online that has forms and steps for doing this in the state of Ohio?

Your mother can't represent you. Either you do it, or your lawyer does. THAT'S why she was turned away.

 

[riggenbach34]

Poa

Even if she has a power of attorney over me? I was overseas at the time.

 

[Ohiogal]

Even if she has a power of attorney over me? I was overseas at the time.

Yes because Power of Attorney does not make her an attorney> She can hire an attorney for you but she cannot represent you unless she has a license to practice law. And as for forms look at the county court of common pleas website for the county in which you are filing.