Legal Question in Family Law in Maryland
Contempt of divorce agreement
I was divorced March 2004. In the settlement my wife got 2 vehicles, both titled and insured in my corporation name. She resigned from the corporation as part of the divorce. I wish to dissolve the corporation at this time. She had 90 days per the agreement to transfer the vehicles into her name, assuming all costs. It has been 7 months and she has not done so. Her attorney now says I have to pay the cost of inspection, have the cars titled in my name, then transfer them to her. Is this true even tho the court papers state she pays all costs associated with the transfer? If I end the corporation, I will be fined if the tags are not returned. Obviously I can't get the tags. The motor vehicle administration will not get involved by asking her for the return of the tags, even tho they have been informed she is driving cars fraudulently insured and titled. What can I do? I feel I paid my attorney once for the divorce, it disturbs me to have to assume the responsibility for enforcing court ordered requirements. Can someone advise and help me?
2 Answers from Attorneys
Re: Contempt of divorce agreement
If your wife is willfully violating the existing court order, forcing you to incur unnecessary costs, then you can apply to the court for reimbursement of those expenses and for your attorney's fees in connection with enforcement of the order. (That does not mean you will get the costs or attorney's fees, of course. If your wife has some good faith explanation for her failure to comply, she may not have to reimburse you.)
If your wife is not cooperating and you believe she is violating the order, I am aware of no other way to resolve the situation than to bring it back before the court for a determination.
I realize that you don't want to have to pay more attorney's fees. Your wife probably figured on that as well, and apparently she feels it is well worth the attorney's fees she is paying to aggravate you. This type of thing often happens in a divorce situation, unfortunately. However, if you want to hire an attorney to help you, you will need to pay that attorney. While it may not be your fault that this is happening, neither is it your attorney's fault.
Re: Contempt of divorce agreement
If the agreement obligated your ex to pay the costs of transfering title, which is typical in these situations, you shouldn't have to do so. I see no reason why you can't sign the titles over to her directly from the corporation. You could then notify your insurance company that the corporation no longer owns the vehicles and you want to remove coverage for them. You should simultaneously inform her that you have done this, and that you will no longer assume any responsibility for the vehicles. You might also send a letter to MVA advising them of the circumstances and of her refusal to return the tags, just so it's on record that she is using them without your permission. If you are dissolving the corporation, even if she causes an accident, there would be no personal recourse against you. Finally, if she's in violation of a court order and you go to court to force her to return the tags, the court should award you attorneys fees incurred in having to take this step.
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