Car Agreement

[Newlydivmomto4]

What is the name of your state (only U.S. law)? California/Kentucky/Missouri

I don't know where else to put this but have been here before so I'm hoping someone can help.

Just shy of 2 years ago my ex-husband was having problems making his car payments and my car died. He got the vehicle in the divorce, but I wanted it. So I offerred to take over the payments, the amount still owed on the truck was what it was worth. Fast forward to now, he's been paying child support minus the truck payments every month and making the truck payment to the loan in his name. I know, not the soundest of legal ways of doing things, but I did not have the best credit and wanted to avoid paying the interest all over again. Now my ex is having a hissy fit because I won't agree to one of our children coming to live with him so he is saying he wants to truck back. I've paid over 7500 dollars in car payments. If he did take the truck back and I took him to court, would I be able to recoup the money I have paid?

 

[LdiJ]

What is the name of your state (only U.S. law)? California/Kentucky/Missouri

I don't know where else to put this but have been here before so I'm hoping someone can help.

Just shy of 2 years ago my ex-husband was having problems making his car payments and my car died. He got the vehicle in the divorce, but I wanted it. So I offerred to take over the payments, the amount still owed on the truck was what it was worth. Fast forward to now, he's been paying child support minus the truck payments every month and making the truck payment to the loan in his name. I know, not the soundest of legal ways of doing things, but I did not have the best credit and wanted to avoid paying the interest all over again. Now my ex is having a hissy fit because I won't agree to one of our children coming to live with him so he is saying he wants to truck back. I've paid over 7500 dollars in car payments. If he did take the truck back and I took him to court, would I be able to recoup the money I have paid?

So he has been deducting the truck payment from your child support? If so, he has not paid child support in full and can be taken to court for contempt for that. He won't be able to defend himself on that without admitting that you were buying the truck from him, and that is your opening to tell the court that he took the truck back.

 

[Newlydivmomto4]

So he has been deducting the truck payment from your child support? If so, he has not paid child support in full and can be taken to court for contempt for that. He won't be able to defend himself on that without admitting that you were buying the truck from him, and that is your opening to tell the court that he took the truck back.

Thank you. That is what I was thinking but I admit I was starting to panic. I don't have 7500 to put down on another vehicle.

 

[single317dad]

You certainly wouldn't get all the money back. Vehicles aren't a very good investment. While you've paid the payments in a roundabout way, and that should be provable, the value of the vehicle has diminished while you've had use of the vehicle. The final settlement in a case like this will probably be some convoluted formula of value (and change thereof), payments made, loan amount, maybe even miles driven. Don't count on a check for $7500.

Do you have anything in writing regarding the agreement?

 

[Newlydivmomto4]

You certainly wouldn't get all the money back. Vehicles aren't a very good investment. While you've paid the payments in a roundabout way, and that should be provable, the value of the vehicle has diminished while you've had use of the vehicle. The final settlement in a case like this will probably be some convoluted formula of value (and change thereof), payments made, loan amount, maybe even miles driven. Don't count on a check for $7500.

Do you have anything in writing regarding the agreement?

Texts and emails. With the latest ones last month agreeing that it would be paid off by January.

 

[Ohiogal]

So he has been deducting the truck payment from your child support? If so, he has not paid child support in full and can be taken to court for contempt for that. He won't be able to defend himself on that without admitting that you were buying the truck from him, and that is your opening to tell the court that he took the truck back.

So she rented the truck from him. She should lie to the court and tell the court that he is contempt due to the fact that SHE made an agreement with him? How do you think the court would appreciate that bit of lie in order to get to court? If the payments are going to last more than a year then she needed to have the agreement in writing. Did she?

 

[Ohiogal]

Texts and emails. With the latest ones last month agreeing that it would be paid off by January.

Truthfully you are not entitled to the money back. You rented the truck for the amount of time you had it. If you paid for a month that you didn' thave use of the truck, you should be able to recoup that amount. To play games like LD suggests is showing that you quite frankly are not above board. Not saying your ex was right but quite frankly you went about this all wrong. You are not entitled to the truck or the payments back for the time you had the truck. If you are of good character, you would tell the court of the agreement and credit your ex for the amount of the truck payments he paid for you as child support. Did the texts and emails show all the necessary items of a contract? Did it state that you would be able to keep the truck if all the payments were made? Did it state that child support was going to be used for the truck payment and how the payments were going to be made? Did it state that the title would be signed over to you once the truck was paid for? Did both of you agree to all portions of this?