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.
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Posted by Matt Allen in William Halaz III , Visitation , retirement , residency , Nancy Shannon , marital property , marital home , loan , jurisdiction , Jennifer Paine , garnished wages , Erica Christian , emancipation , default , credit , Cordell Cordell, PC , child support calculators , Child Support , Ask A Lawyer
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Among the Ask a Divorce Lawyer questions answered today by Cordell & Cordell attorneys:
- My divorce papers in one state order me to pay child support until my sons are 21. They now live in another state where emancipation is 18, so do I have to keep paying until they are 21?
- How long do I have or how do I go about forcing my wife to get the rest of her belongings out of my house so I can move on?
- Can my 17-year-old daughter refuse overnight visits with me?
- What can I do if my ex defaulted on a loan that is ruining my credit?
- What can I do if my child support was calculated incorrectly?
- My house is in the process of foreclosure. I have access to my 401k to stop the process and pay all our outstanding bills. Should I salvage the house and start fresh with zero debt just before we get a divorce?
 Question: In the divorce settlement it was agreed that I would refinance our former home and release my ex-wife from liability. But in today's housing market, I cannot get a bank to refinance.
So are there other ways to get her name off the loan? And what are the consequences if I cannot get her name off the loan; what can the court force me to do?
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Posted by Dads Divorce in refinance , Maintenance , loan , hold harmless , debt , Child Support , car , AZ , automobile , asset , Ask A Lawyer
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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.
Question: My ex and I have been divorced for a little over a year. We were separated for a year and a half before that, and I am now currently remarried. In the divorce decree she was given the house, van, and custody although we have joint custody on decision making. My question is everytime I turn around the finance company we bought the van from is calling saying she is late on her payment. Both the house and van are in my name but she is to keep all responsibilites to them. I have asked her repeatedly to have both items refinanced into her name and she refuses to do so because her credit isn't good enough. She said I can't make her and I'm starting to believe her. Is there anything I can do to have this done through the court system? Answer: I am not licensed in the State of Mississippi and therefore cannot answer your question specifically to the laws of that State. Generally I suggest that you review your judgment and decree of dissolution and look for language concerning her duty to pay the creditors securing the property. Look for a "hold harmless" provision. If it is present you can enforce that provision and ask that the property be sold and for damage to your credit rating. You would need an expert to testify concerning the damage to your credit. Even if the hold harmless provision is not present discuss filing a Motion for Contempt with a local attorney. If you prove that she is in contempt it is possible, if not likely, that you will have your attorney fees paid, though the award of attorney fees varies greatly from jurisdiction to jurisdiction. Obviously your case would suffer greatly if she is missing payments due to your failure to pay support or maintenance. If you were behind, it would be difficult to hold her in contempt.
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