Legal Question in Civil Litigation in Texas

I got a divorce about a year and a half ago. In the divorce decree my ex-husband was given one of the two cars that i owed in my name along with responsibility for the remaining payments and insurance and registration fees. Less than a year later he started missing payments and got it repossessed. Now I got the letter from the creditor for the amount of the remaining loan after the car got sold. It's over $6000 as he brough the value down by a few minor accidents and not taking care of the vehicle. I understand that it's my responsibility to make sure the car was refinanced in his name before the divorce became final or shortly after. His credit rating whouldn't allow it. I also understand that I should have made all possible attempts to save my credit by working with the bank and with my ex-husband. All those attempts have been made and got exhausted. I made a suggestion to him to return car to TX while he resided in AZ, for me to clean it and fix it up and sell it or trade it in with my other car to avoid being upside down so much. Ex refused to do so stating he has no money for gas, etc. etc. I was even willing to apply child support payments to the car payment. However, he left me with a mortgage payment and my car payment along with other expenses including day care and medical insurance for my child. I was in the process of transitioning from military live to civilian world and was briefly without a job, which sucked up all my savings. The child support is not being paid except for few measly payments that were garnished from his reserve drills. He's not made an attemp to find a job in the past year and has been living with parents who financially support him. He doesn't have any property in his name and this repossession didn't even affect him as the car was purchased in my name. I provide all the support for the child, including the day care, medical insurance. I don't make much but provide for my son the best I can. So that's our situation as of right now.

The bank is attempting to collect, and I have been in touch with them trying to let them in on what's going on, but from their point of view it's not their concern, and I see where they are coming from.

Is there anything I can do legally to attempt to hold him responsible in some way. I know I can take him to court, hire an attorney and try to make him pay. How successful are cases like that? And I'm also wondering if I can ask the court to make him pay the legal fees for the whole ordeal since he failed to comply with the order in the divorce decree? I would just like to know where I stand and is it worth the time.

Thank you very much for your time.


Asked on 7/06/10, 11:07 am

1 Answer from Attorneys
Mark Dunn Mark D. Dunn

The part of your story that caught my attention was the part about NOT PAYING CHILD SUPPORT.

Contact the Texas Attorney General TODAY (they specialize in dealing with across-state-lines cases):

http://ishmael16807.org/application.html

Your decree probably gives you the right to sue your ex for any money that the car finance guys can squeeze out of you; I suggest you forget about it. This remedy is not very satisfactory (you end up with a judgment against him that you can't collect). Going after him for CHILD SUPPORT is another matter. Judges have been known to put guys in jail for not paying child support; it is the most enforceable obligation there is.

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Answered on 7/06/10, 3:32 pm


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