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Dads Divorce - Free custody and alimony advice for men and fathers.

Providing essential divorce, alimony, custody and support information and resources to men at any stage of divorce.
Tags >> car
Jan 16
2010

Ask A Divorce Lawyer: What do I do when the car is in my name but belongs to her?

Posted by pmcmahon in Rules , Procedures , Erica Christian , Cordell Cordell, PC , car , Ask A Lawyer

Question: 

The divorce decree says the car is hers but it’s in my name. What can I do?

 

 

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Oct 05
2007

Ask a Lawyer: Does she have to refinance?

Posted by Dads Divorce in refinance , Maintenance , loan , hold harmless , debt , Child Support , car , AZ , automobile , asset , Ask A Lawyer

Question:

My divorce 3 months ago ended in disaster for me. Go figure. Anyway, she was awarded her car in the end. The decree states she is "responsible for the debt of the car and will hold me free from all payments and debt in connection therefrom." If my name is still on the car note, am I not still responsible for the debt? Doesn't she have to remove my name from the loan?

Answer:

I cannot answer your question specifically to the laws of Arizona as I am not licensed in that State. Generally the family court cannot force someone to refinance a loan (mortgage, car, credit card ect). The parties can agree to refinance or sell in a settlement and the court will sign off on the agreement. I do not see the refinancing of automobiles very often. It is usually the marital residence that is a concern. She is required to hold you harmless from the debt on the loan. If she fails to make payment you can sue her for the payments that you make and any harm to your credit rating. Often you will get attorney fees in this situation.
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Nov 29
1999

Ask a Lawyer: Obligations after a divorce to ex-wife

Posted by Dads Divorce in transportation , TN , Maintenance , decree , custody , Children , Child Support , car , Ask A Lawyer

Question:

I general does the non-custodial parent in a divorce have to provide a car to the custodial parent? Also, can my wife force me to give her full custody of the children?

Answer:

Allow me to preface my answer to your question with the disclaimer that I am not licensed to practice law in the state of Tennessee. I have never heard of a parent being forced to provide a car (meaning even after the divorce, noncustodial parent would pay the car payment, etc.). She can not force you to give her full custody. You have the right to fight in the courts for as much custody as you want.
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Nov 29
1999

Ask a Lawyer: Modifications of child support based on underemployment

Posted by Dads Divorce in voluntary , under , taxes , support , Property , Maintenance , IRS , income , employment , Child Support , child , car , AZ , Ask A Lawyer

Question:

My ex of a year and a half has filed for a modification of child support. When we were divorced, she was making $13 an hour, she has since then been fired from two jobs and quit another with the same or more pay. She has now taken a job for a considerable pay cut as she decided to go back to school full time and work part time. Now she tells me it is my responsibility to make sure that she can provide for the kids. Is this right? Also, in our decree my ex was given a car and I took the truck. About six months ago she decided to drop the car off at my house and go buy a new one. The car was in my name but was bought during our marriage and declared to her. She will not pay for the difference on the car for what I sold it at and what we owed, even though she was responsible for the car ($100 per month). Last but not least, we had a combined debt to the IRS. Written in our decree was that she was to make 33% ($60 per month) of the monthly payment, which she now says she can not afford.

Answer:

Allow me to preface my answer to your question with the disclaimer that I am not licensed to practice law in the state of Arizona. Her modification is weak as she has voluntarily decreased her income. You can pursue the other issues in a Motion to Enforce for her to do the terms of the Decree.
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