Legal Question in Family Law in Kansas

Wife not paying her bills

I was divorced from my wife in april of 2003. In the divorce decree it states she is responsible for a 2001 dodge neon that the lien is in MY name. Today the fianace people called me and stated she was 642.58 behind on her payments and if they repossesed it they would come after me for the money. I live in California, but she and the car are in kansas where we were divorced. I told the creditor about my ordeal and they told me the decree didnt matter beacause the lien was in my name. I offered to take the car from her so it didnt get repoed but she is determined to get it repoed just to screw me. I don't know what to do, because i don't want my credit messed up, or have to go to court for a car I havent seen in over a year. Any help would be appreciated....JIM

Asked on 1/16/04, 11:31 pm

2 Answers from Attorneys

Lyle Johnson Bedi and Johnson Attorneys at Law

Re: Wife not paying her bills

Unfortunately the finance company is correct. You remain liable for the for the loan if the ex wife does not pay it. You remedy would with the divorce court in Kansas. There may be a remedy through that court. Your other alternative is to make arrangements with the finance company to make up the missed payments and then pickup the car and sell it.

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Answered on 1/17/04, 1:42 am

Donald Holben Donald R. Holben & Associates, APC

Re: Wife not paying her bills

Since she is not making payments, the court in your former state would likely order car be transfered to you, however, you need to contact atty in that state to resolve matter. Yes, you remain responsible financially. In California, even if she files bankruptcy and she was, according to your divorce decree, responsible for other bills, they can fall back on you. Consult an attorney in Kansas.

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Answered on 1/19/04, 11:43 am

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