Legal Question in Family Law in Oklahoma
Divorce Settlement
When my wife and i divorced, she was granted the 2001 blazer. The papers stated that she would assume the loan payment and insurance payments. She has since totalled the blazer and is refusing to make the payments. I have continued to make the payments for fear of the loan company garnishing my paycheck. The loan company told me that because it is my name on the loan i am responsible. Is this true? Does my contract with loan company supercede the judges order? And if so, why wasn't I informed of this in court. No person in their right mind would have ever agreed to basically ''give'' a car to their ex and continue making their payments for them?
1 Answer from Attorneys
Re: Divorce Settlement
You are responsible for the debt with the loan company even if your ex does not pay. If the divorce decree, however, specifically stated that your wife was to pay the car loan, then you can file a contempt proceeding against her in the divorce action for payment of the debt unless she has filed bankruptcy.