Legal Question in Family Law in Arizona

I went to court yesterday regarding a repossessed truck my ex husband and I had when we were married. When we divorced, in our divorce decree I got the truck and he go the car. Well the truck eventually got repossessed and they came after him and began garnishing his wages. At that time I had no job, so therefore could not garnish. The judge decided in my ex husband's favor yesterday and ordered me to pay him back all the money that has been garnished so far and ordered me to stop his garnishment and make it all my responsibility. The loan is in our names, his first. I wondered if I could appeal this decision before anything happens. I wasn't at all ready for this hearing. I thought it was just a mediation meeting like we had when we divorced, but it was not.


Asked on 10/22/09, 12:40 pm

1 Answer from Attorneys
Joan Bundy Joan Bundy Law

The judge was just reaffirming the order of the judge who decided the division of property/debt in your divorce settlement. Your husband got the car, you got the truck. That includes enjoying the benefit of the asset and dealing with the responsibility of the debt, no matter which way it goes. His wages never should have been garnished in the first place; that was your liability all along. It's too bad it happened because now instead of making regular payments to pay it off you probably owe the whole amount. See if the lender will work with you to set up a payment plan.

Best of luck!

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Answered on 11/02/09, 8:01 pm


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