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Posted by: Dads Divorce in wages, Separation, Rules, Procedures, posessions, KY, income, garnish, disability, asset, Ask A Lawyer on
Sep 5, 2007
Question:
This question is in reference to a friend! He is currently seperated from his wife, and she has a truck (which includes both his name and her name on the title, but is in her possession). She hasn't been paying the note on the car and now the car dealership that owns it is currently garnishing his wages (she doesn't work but draws a disability check every month) because of her non payment. What if anything can be done to resolve this issue? And since they are seperated and she has full possesion of the vehicle can he maybe take her to court and get repaid the money that has been garnished from his checks? HELP!!!
Answer:
I cannot answer your question specifically to the laws of Kentucky as I am not licensed in that State. He needs to file for divorce or legal separation. When the matter is pending and his wife has been served with papers, he can filed for a temporary order (assuming KY has temporary orders) asking the court to require her to pay for the vehicle in her possession. In the final division of property he can ask for repayment of the lost wages per the garnishment. As the parties are not legally separated, half of his wages are her marital property and therefore it is unlikely that he will get the money back in the divorce.
