Can CP DO this?????

[wolfcreekgal]

What is the name of your state (only U.S. law)? Wyoming

I haven't been on in a while and have a problem.

As most of you are aware, CP moved to Illinois with our four year old son 6 months ago and I am supposed to see son 4 times a year. I also was awarded three phone visits weekly if the CP moved more than 100 miles away, which he did (moving 1100 miles from me).

During our divorce, I was awarded a van that was about to repossessed due to the fact I couldn't afford the $450 a month payments. I asked that the van be turned over to my ex, but the judge denied that. I had to borrow the money to make the back payments so I could keep it. The judge ordered that the ex make half the payment for a period of one year.

Well, the year has ended and I cannot afford the whole payment by myself. The finance company refuses to take my ex off the loan as he is the primary holder and the van is about to go into repossession again. CP is now threatening to stop any communication with my son until the van payments are caught up, which I will never be able to do as I can barely keep my head above water as it is. Can he legally DO this?

 

[Isis1]

What is the name of your state (only U.S. law)? Wyoming

I haven't been on in a while and have a problem.

As most of you are aware, CP moved to Illinois with our four year old son 6 months ago and I am supposed to see son 4 times a year. I also was awarded three phone visits weekly if the CP moved more than 100 miles away, which he did (moving 1100 miles from me).

During our divorce, I was awarded a van that was about to repossessed due to the fact I couldn't afford the $450 a month payments. I asked that the van be turned over to my ex, but the judge denied that. I had to borrow the money to make the back payments so I could keep it. The judge ordered that the ex make half the payment for a period of one year.

Well, the year has ended and I cannot afford the whole payment by myself. The finance company refuses to take my ex off the loan as he is the primary holder and the van is about to go into repossession again. CP is now threatening to stop any communication with my son until the van payments are caught up, which I will never be able to do as I can barely keep my head above water as it is. Can he legally DO this?

NO! dad cannot violate a court order on his whim.

you'd be in contempt of court for not keeping up with the payments per the court order, still.

 

[Antigone*]

What is the name of your state (only U.S. law)? Wyoming

I haven't been on in a while and have a problem.

As most of you are aware, CP moved to Illinois with our four year old son 6 months ago and I am supposed to see son 4 times a year. I also was awarded three phone visits weekly if the CP moved more than 100 miles away, which he did (moving 1100 miles from me).

During our divorce, I was awarded a van that was about to repossessed due to the fact I couldn't afford the $450 a month payments. I asked that the van be turned over to my ex, but the judge denied that. I had to borrow the money to make the back payments so I could keep it. The judge ordered that the ex make half the payment for a period of one year.

Well, the year has ended and I cannot afford the whole payment by myself. The finance company refuses to take my ex off the loan as he is the primary holder and the van is about to go into repossession again. CP is now threatening to stop any communication with my son until the van payments are caught up, which I will never be able to do as I can barely keep my head above water as it is. Can he legally DO this?

No he cannot cut off communication between you and your son.

With regards to the van, the finance company does not have to remove a guarantor from the loan (it would not be wise of them to do so anyway). Your ex is just as responsible for that loan as you are. The terms spelled out in the divorce are between you and him. They have no bearing on the finance company whatsoever.

 

[wolfcreekgal]

Thanks guys! I'm worried sick! The divorce order DOES say that I am responsible for $12,500 of the van loan and ex is responsible for the remainder (which he has already paid). I simply cannot afford to make the payments by myself and my family won't help out.

It's bad enough I never see the child I reared from birth and was the primary caretaker of. Now CP is saying I can't even talk to him on the phone! If I try and hold CP in contempt, it sounds like (from what you all are saying), he can force me to keep the van and I just cannot.

If I try and hold him in contempt, he can backfire with the van. It's a catch twenty-two and I lose no matter what. Is that right?

 

[stealth2]

No, he cannot force you to keep the van. Nor can you force him to take it. You can try to sell it, have it repo'd, etc. But... if he has to shell out more money than he already has (per the court order), he can take you back to court for a judgment to have you repay him.