Legal Question in Family Law in Florida
Hello:
I was divorced back in March of 2010. Under our Mediated Settlement Agreement, it states that " The wife shall retain exclusive use and possession of her leased Honda Odyessy(which is in my name, not hers) and agrees to be solely responsible for any outstanding obligation thereon; the wife agrees to hold the husband harmless from any liability.
My lease is up on my vehicle on 6/7/11, so I will be returning the car, however she has not paid the last 2 payments on the vehicle and has also gone over the milege, so the total comes out to be about $5,000.
My question is that since she has failed to make those last 2 payments am I able to deduct the amount from her alimony that I give her or what are my options here?
Any help, would be much appreciated.
Regards,
Marc L. Fischbein
407.414.5150
3 Answers from Attorneys
First consideration: if you presently are represented by an attorney, you should consult with him/her regarding these matters because an examination of the settlement agreement or terms of dissolution are critical. Generally, you may offset such obligations owed under the terms of these agreements, unless it would affect child support or other provision of the agreement.
I would not suggest deducting from your alimony. I would however suggest you file a contempt if she does not pay the payments and the remaining balance for the car. At that time it will then be decided by the court what sanctions are available to you.
No, don't start deducting the payments from her alimony. You should file a motion for contempt and enforce the terms of the meditated settlement. Once you are in court the judge will decide what remedies are available to you.
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