Legal Question in Family Law in Kentucky

Is exwife in contempt of court?

My husbands ex was to ''pay and assume'' the car that my husband co-signed for while they were married. She was to refiance the car but has not done it eventhough she has someone who will co-sign for the new loan. Because that debt is on my husband's credit report, he can't get credit for a new car despite the fact the divorce agreement clears him of the responsibility. The lender said they would accept 12 months of the most recent paid checks showing that she is paying for the car. She refuses to send the most recent and we are still waiting for any at all. The agreement says,''Each party shall indemnify and hold each other harmless from any claims, liabilities and expenses (including reasonable attorneys fees and court costs as a result of any default)resulting from any debt in this agreement.'' There is also an ''Execution of Necessary Documents'' clause. Can we get her for contempt of court and how would we go about doing so?


Asked on 12/12/01, 6:02 pm

1 Answer from Attorneys
Philip Owens Philip M. Owens, Attorney at Law

Re: Is exwife in contempt of court?

Legally, your husband is still responsible for the debt. The only way to get the relief you seek is to file a motion to enforce the agreement. You will need to seek the advice of local counsel to do this. I would first consult with the attorney who handled the original divorce/agreement.

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Answered on 12/13/01, 7:52 am


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