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bellababy60 · Apr 11, 2008, 08:28 AM

My b/f purchased a vehicle with his wife (now ex) during their marriage and is the primary account holder on the loan. After the divorce was filed, there was a stipulation that she was to re-finance the vehicle and remove him from his financial obligations towards the loan. It was stipulated that this was to occur within 6 months. He is uncertain of the terms of the decree. Does the six months include the time from which the divorce was originally filed or from the "final" date of the decree. Also, can he file contempt charges against her since she is making late payments on the vehicle and this is ruining his credit. He wants to purchase a new home and was turned down from three financial institutions when purchasing his new Jeep just recently. He learned that it was because she was "late" on the payments. Any suggestions would be greatly appreciated.

JudyKayTee · Apr 11, 2008, 10:48 AM

Originally Posted by bellababy60

My b/f purchased a vehicle with his wife (now ex) during their marriage and is the primary account holder on the loan. After the divorce was filed, there was a stipulation that she was to re-finance the vehicle and remove him from his financial obligations towards the loan. It was stipulated that this was to occur within 6 months. He is uncertain of the terms of the decree. Does the six months include the time from which the divorce was originally filed or from the "final" date of the decree. Also, can he file contempt charges against her since she is making late payments on the vehicle and this is ruining his credit. He wants to purchase a new home and was turned down from three financial institutions when purchasing his new Jeep just recently. He learned that it was b/c she was "late" on the payments. Any suggestions would be greatly appreciated.

He should read his Judgment of divorce - the terms and conditions "usually" begin on the filing date.

He would have to take her back into Court to enforce the terms of the divorce. He also has the ability to contact the Credit Bureau(s), provide the info on why the payments were late and the exact wording from the divorce decree.

twinkiedooter · Apr 12, 2008, 02:08 PM

The time frame when things start for settlement that was signed was on the date the document was signed to run for 6 months. The fact that she is late with payments now to ruin his credit is her prerogative (however spiteful on her behalf) to ruin her credit. If the six month period for refinancing has come and gone, would suggest the husband take her to court for contempt as this was part and parcel of the divorce agreement reached even before the final decree.

bellababy60 · Apr 14, 2008, 07:55 AM

[QUOTE=twinkiedooter]The time frame when things start for settlement that was signed was on the date the document was signed to run for 6 months.

I'm sorry. I don't understand the answer. Does the time frame for this agreement begin when at the original date of filing... or when the final decree was signed (3 months after the filing date) to which the six month period would begin when?? Thank you.

JudyKayTee · Apr 14, 2008, 07:59 AM

[QUOTE=bellababy60]

Originally Posted by twinkiedooter

The time frame when things start for settlement that was signed was on the date the document was signed to run for 6 months.

I'm sorry. I don't understand the answer. Does the time frame for this agreement begin when at the original date of filing....or when the final decree was signed (3 months after the filing date) to which the six month period would begin when??? Thank you.

Must depend on the State - Twinkie is in Ohio, I am in NYS. Here the time starts running when the Judgment of Divorce is FILED, not when the Divorce is heard, the Findings of Fact/Conclusions of Law are issued, the papers are signed.

I know - I had a similar problem with my "ex."