Legal Question in Family Law in Florida
My Ex wife has a vehicle that is in my name (loan, tag/registration). In the divorce the Judge ordered that she solely be responsible for everything involving the vehicle (loan payments, parking/toll violations, maintenance, registration renewal, etc.) Over the past 18 months she has had parking and toll violations, consistently late on the loan payments and now has not paid the loan in 3 months. The car is about to be repossessed which will go on my credit because the bank does not acknowledge the Judge's order. (every other entity has so far - DMV, Clerk's office) I have tried resolving with her through her attorney. My license and registration has been in jeopardy due to her actions. What can I do and what should I file? Re-open the divorce or open a new civil case? Thank you.
3 Answers from Attorneys
Open a new civil case, sue her for the damages she has caused her, and repossess the car as a result of the money she'll owe you. You can't reopen your divorce case; you can only do that when you are suing for child support or alimony.
You are correct the bank will not recognize the divorce order so file a motion to enforce with the family court, ask for the return of the car so at least you can get it back in your possession.
1. Pay the debt owed.
2. Reopen your divorce proceeding and seek relief.
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