Legal Question in Family Law in Georgia

In my contract of settlement of divorce, I agreed to keep the car my ex drives in my name due to her credit she couldn't refinance in to her name as well pay the car payments. I also kept insurance and tag in my name to insure that she wasn't driving my kids around with no insurance. I lost my job and cannot pay it anymore. I am filing a modification of child support but what can I do about the car? Let it go back? I was also under the assumption, until my job loss that I had to pay all medicals not 50/50 and have been. Is there anything I can do hto get back my overpayments?


Asked on 4/02/16, 8:47 pm

1 Answer from Attorneys
Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

As I am sure your attorney warned you, the car provisions are likely not modifiable, as they are a property settlement, and property settlements are not modified. Letting the car go back is probably be most foolish decision you can make. Your ex can sue you for contempt, and at best you'll owe her attorney and damages, and at worst you could be jailed. Her not having a car would also likely be a reason against modification of support (modifications fo job loss usually fail too, since they could last well beyond you getting a new job.) Additionally, you'll probably be sued by the car lender who can garnishee you when you get a job, and, since the car payment was ordered in a divorce, you probably can't wipe it out in bankruptcy. Do NOT file a modification without a lawyer, and tread very carefully with the car and follow your lawyer's advice. Money you chose to pay on medicals above and beyond what was required is likely not recoverable.

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Answered on 4/02/16, 8:55 pm


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