Legal Question in Family Law in Indiana

I think my debt ends sooner than they think

We were divorced in 1998 in Indiana. At the time we had a second mortgage that needed to be settled at the time of the dissolution of the marriage. Her father offered to take a loan out to pay off our second mortgage. All I ever agreed to in the property settlement agreement was to make payments to her father ''until that indebtedness is satisfied in full''. In 2004, they refinanced said loan to take advantage of lower interest rates satisfying the original loan in full''. The original loan had my payments ending in March of 2009, but based on the payoff document I was provided by them when they refinanced, my payments should end, according to my figures, in May of 2008. I don't want to go into contempt by ending the payments early (even though my ex is already in contempt for keeping one of our dogs that was outlined in the settlement as mine). I guess my questions are 1) am I still responsible to make payments to her father on the original loan terms even though the original loan no longer exists?, 2) should I have stopped payments when the original loan was paid in full?, and 3) does her already being in contempt of the agreement have any bearing on this matter? Thanks.


Asked on 10/31/07, 5:40 pm

1 Answer from Attorneys

Re: I think my debt ends sooner than they think

Why dont you talk with her and see about an agreed order stating that you will have satisfied the mortgage obligation as of My 2008? Since her contempt is rather academic at this point, perhaps you can offer to waive any contempt as a tradeoff for the agreed order.

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Answered on 10/31/07, 8:18 pm


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