Legal Question in Family Law in Wisconsin

enforcing 'stipulation for temporary order'

My wife and I have filed a 'Stipulation for Temporary Order' with minor children and she is not paying on a vehicle loan stipulated in the temporary order. She has stated she is going to let the bank reposess the vehicle. Both our names are on the loan. Is she in contempt of court and do I need to file charges against her to force her to pay the loan?


Asked on 6/10/07, 4:26 pm

1 Answer from Attorneys

Thomas Olson David F. Gram & Associates, LLC

Re: enforcing 'stipulation for temporary order'

If an order was issued it is enforceable under the contempt powers of the court. Your wife's actions are clearly intentional as you describe them, but it is not clear from your description that she has the ability to make the payment. If she is not financially able to do so, her conduct may not be contemptuous. Usually a court will not hold someone in contempt if they are unable to comply -- only if they are able but refuse to do so.

You should both discuss your options including selling the vehicle. When a vehicle is voluntarily surrendered, the creditor usually "wholesales" the vehicle at auction and it often is sold for a fraction of what it could be sold for in a private sale. A court could compel sale even (or especially) if your wife is NOT in contempt.

But if it is to be sold, you might want to be the one to sell it as you would have more control and may be more adept at doing so.

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Answered on 6/11/07, 8:39 am


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