My soon to be ex husband is making the payments on the car that he brought me for our last anniversary. He state dthat if I take him to court ofr child support for our son that the car payments is part of child support is this true?

No. Absolutely not. Car payments are not child support. Don't let him pull the wool over your eyes on this. Whatever the Court decides he has to pay for child support is the amount he has to pay. The car payments are something above and beyond child support payments and have virtually nothing in common with his legal obligation to a child. Take him to court and have the Judge set him straight on this.

First, please pay more attention to posting guidelines. There is a Read First sticky at the top of the Children forum (where this was moved from) which directs questions of a legal nature here.

Second, Child support payments are defined by law based on income and number of children. The court will ignore the car loan when determining support.

However, if he wishes to stop making those car payments, he can do that. Depending on whose name the loan is in will dictate who has to pay. If he stops paying then the car will eventually be repossessed and whoever signed on the loan will be required to pay. If he's the only signor then his credit rating will take a hit and the lender will come after him for payment. But if the loan is in your name, then your credit will take the hit and they will come after you. So you would need to make the payments if he stops. In that scenario, effectively what he pays in support will need to to go for the car payments.

Scott is right. While, the judge won't order him to pay the car payments because support is calculated with each states own formula with income and number of children being the variables, what ever is paid in support might need to be used to pay the car payments. Whose name is the car in? Did you get the car in the divorce? Who's name is the loan under?

Nope. The car would most likely be regarded as a marital asset. You and he can agree on how to dispose of it or leave it to the judge's discretion. If you plan on keeping he car then the most likely settlement would be for you to take over the payments. But the fact that he's paying on the car will in no way affect his child support obligation and he cannot claim any kind of a credit because of it.