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Transition of Custody / Collection of $
My husband and I recently married and moved his two children in with us. He is meeting with a lawyer on Monday to transfer custody to us.
My husband and his ex have always had a good relationship... that is until yesterday. Yesterday we had our joint account and his accounts garnished/levied in the sum of $7700for a vehicle his ex had repossessed after they were divorced. He had co-signed the loan and in the divorce decree it stated she was responsible for the vehicle, but we are finding out the hard way that it doesn't really matter what is stated... the bank wants their money and we had more money than she did and they have taken it. When he called her she said, "I am sorry to hear that." This is when things went a bit sour. When the relationship was on good terms and it was decided to have the children live with us my husband had told his ex that he did not want child support from her. We are by far in a better position than her and her husband are in and didn't really need the money. With recent events our tunes have changed and we at least want the money back for the her stupidity of letting the car be repossessed. What I am looking for is recommendations on how we should approach this. It has been suggested to us to get the custody transferred and then apply for child support. The amicable factor has been thrown out the window but I don't want all out war and the children to suffer through a custody battle. Any advice would be appreciated. |
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The divorce decree stipulated that she was responsible for the car. The bank doesn't care about the divorce decree, they just want their money. But that doesn't change what the divorce decree states. The Ex is in violation of the terms of the decree. Your husband can now sue her for what the bank took from him. You will win. You can then file your own garnishment to recover these funds.
However, I would wait until the Custody agreement was modified and you have the kids safely ensconced in your home. Then contact the ex and tell her, that you expect her to reimburse him according to the terms of the decree. If she doesn't, then you will pursue legal alternatives. |
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