Neglecting Payments on Vehicle Required in Divorce Settlement?
If someones divorce settlement had it written that the former wife was to assume responsibility of payments for the vehicle that she kept, but she fails to make the payments is there anything one can do? The original loan was bought as husband and wife so the loan company says that the responsibility is shared, regardless of what the divorce settlement requires. The loan company said the former wife would have to "purchase" the vehicle from the ex. Does the divorce settlement not protect the former husband in liability?
There was a bankruptcy filed when the divorce was settled to abolish outstanding debt, so she would not be eligible to file one again.
I'm gathering that she would be held in contempt of court -- and forced to buy-out the ex. The only problem being, that with the prior bankruptcy filing, its hard for the ex-wife (who has possession of the vehicle) to get a loan.
I feel as though he makes his child support payments on time every two weeks she should be repsonsible to make the vehicle payments on time, monthly.
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Comments
yes get the court papers for the settlement and see a lawyer then get them to get in touch with the vehicle company,
they will repossess the car off her @ss and sell it to pay the excess and probably charge her for the privilege
The only thing that could really be done is to take to an attorney and have the wife placed in contempt of court (thats if she is not willing to buy the husband out) and they will force her to pay.
If payments are not made, the vehicle will be repossessed and your credit will take a hit and your ability to get future loans will be diminished. Your credit score will fall.
I hesitate to say a loan company is an “innocent party,” but in a divorce that’s what it is. The lender didn’t cause the divorce and was not a party to the divorce, so it can still collect from either party. It is up to the husband to go back into the court to collect the money from the wife and/or have her held in contempt of court for failure to make the payments and reimburse him. She cannot bankrupt this duty to her husband to pay the debt either.