What are our options?

[saige]

MD

My husband's ex wife is refusing to put the car that was in his name (that was awarded to her in the decree), into her name. She said she'll pay into our bank account, but will not put it in her name. As you can see for many reasons we do not agree with this option. So now (on a credit report) we are responsible for the car. The decree states she is awarded the vehicle with the balance due (which she is responsible for). Can we legally force her to put the vehicle in her name? We've been taking the car payment amount from the child support amount (since we've been paying the car payment), until she puts it in her name. Now she said she's going to enforce an Employer Withholding order to get the full child support amount. What are our options? We really do not want the car in his name and would rather set up an allotment for the full child support amount, but do not want legal responsibility for the car.

 

[Just Blue]

MD

My husband's ex wife is refusing to put the car that was in his name (that was awarded to her in the decree), into her name. She said she'll pay into our bank account, but will not put it in her name. As you can see for many reasons we do not agree with this option. So now (on a credit report) we are responsible for the car. The decree states she is awarded the vehicle with the balance due (which she is responsible for). Can we legally force her to put the vehicle in her name? We've been taking the car payment amount from the child support amount (since we've been paying the car payment). Now she said she's going to enforce an Employer Withholding order to get the full child support amount. What are our options? We really do not want the car in his name.

You are not a party to this divorce. Have your hubby post and we will deal with him.


Unbelievable!

We've been taking the car payment amount from the child support amount (since we've been paying the car payment

 

[mistoffolees]

MD

My husband's ex wife is refusing to put the car that was in his name (that was awarded to her in the decree), into her name. She said she'll pay into our bank account, but will not put it in her name. As you can see for many reasons we do not agree with this option. So now (on a credit report) we are responsible for the car. The decree states she is awarded the vehicle with the balance due (which she is responsible for). Can we legally force her to put the vehicle in her name? We've been taking the car payment amount from the child support amount (since we've been paying the car payment). Now she said she's going to enforce an Employer Withholding order to get the full child support amount. What are our options? We really do not want the car in his name.

For starters, you don't short child support because she owes some other money. The child support payments are inviolable and he needs to get caught up on them.

As for the car, if the order says she has to put it in her name and she hasn't, he files for contempt (you are not a party to the matter). The court will force her to do whatever they told her to do. If the court order doesn't specifically address putting it in her name, you could file for clarification with the court.

As it is, your husband is in contempt for not paying the full amount of child support.

 

[saige]

Response

I understand what you're saying, but we've been paying the child support plus the car payment to equal the child support amount. We haven't shorted her any money.

 

[Ohiogal]

I understand what you're saying, but we've been paying the child support plus the car payment to equal the child support amount. We haven't shorted her any money.

Yeah your husband has. HE has not been paying the amount of the child support. End of story. YOU have nothing to do with this as all. You are a legal stranger. YOU have no say so. You have no input. Got it? Legally you are a nothing. Repeat that several times until it sinks in.

Now, how has she managed to renew the car registration every year since the divorce? Ask your husband. And in addition, how does she have plates in her name on the car?

 

[Just Blue]

I understand what you're saying, but we've been paying the child support plus the car payment to equal the child support amount. We haven't shorted her any money.

No you don't understand. Your husband has a child support ORDER. He is to pay the court ORDERED amount. He may not short the cs because he is choosing to pay the car payment. And YES! He IS choosing to pay the car payment because he hasn't gone to court for recourse.

And YOU do not factor into this legal situation. Which means you will not face jail time for contempt of court. I bet you are relieved...hum???

 

[saige]

No I'm not, but I do appreciate your advice.

 

[Ohiogal]

No I'm not, but I do appreciate your advice.

Well your husband is going to be facing contempt of court for taking the car payment OUT of the child support payment. He can also face loss of driver's license, professional licenses, garnishment of any wages, liens against bank accounts and property, and jail time. All because he decided (maybe with your help) to short the child support in exchange for car payment. The proper way of handling that if she is not paying for it would be to take her back to court for contempt of the court order. Instead, he is now in contempt due to his own stupidity. AND YOU have nothing to do with any of this legally.

And you still haven't answered my questions.

 

[saige]

He's been paying everything and the plate is in his name.

 

[mistoffolees]

He's been paying everything and the plate is in his name.

You don't get it.

If he has reduced the amount he pays in child support, then he is NOT paying everything.

If the court order says that he owes her $300 per month in child support and he is paying $150 for the car payment, then the amount he owes her is $300. He CAN NOT use some of the child support money to pay the car payment.

In the above example, it means he's out $450 per month, but he could collect the car payment back by filing contempt charges against her. That is the way to handle it - NOT subtracting ANYTHING from the child support payment.

 

[Ohiogal]

He's been paying everything and the plate is in his name.

So why has he allowed her to continue driving a car registered to him and taking legal responsibility for him? Why hasnt' he cancelled the plates? She can't drive a car if the plates are not on it. At least not legally. And if she is legally completely responsible for it, she needs to get plates in her name. Your husband has screwed up in more ways than one.