My divorce was finalized Oct 30, 2006. Neither my husband nor I could afford a lawyer so I paid for a Legal Secretary to draw up all the divorce paperwork as well as court costs. Everything was signed by all necessary parties. At the time of the divorce we had 2 vehicles. I was the only signer on mine, but on his, I was the signer and he was the co-signer (my credit was better). According to the divorce agreement, which he agreed to and signed), I got my car, he got his. I was to cover his insurance until the end of the current policy but he was responsible for all car payments, maintenance, etc on his vehicle and I on mine. In addition, I refinanced our home into my name, and was able to give him 12,000$ for his share of the equity in the house. Also, based on the agreement, he was to have his vehicle either paid off or re-financed out of my name within 1 year. In July of 07, I contacted him to remind him that he needed to get my name off the car. He claimed he was not working because he was trying to get approved for disability due to having Bi-Polar disorder and had to be unemployed for a year in order to qualify, but that his dad was going to take care of it. By this time, my vehicle was paid off. In October he told me that he couldn't refinance it and his dad couldn't afford to pay it off but, but that once he qualified for the disability he would be entitled to 1 year of benefits, equaling about 13K and that he would pay off the vehicle at that time (he squandered the 12K I gave him). His dad was making payments on time so I didn't push the issue.
In July 08 he called me and said his dad was out of money and that he still didn't have his court date, so I could either have the vehicle and pay for it, or I could let it get repossesed. Naturally, I took the vehicle. He said he would take it back once he got his court date. I discovered at this time that he had deferred the May payment and was late on the June and July payments. I caught it up since it was still under my name. I waited until mid-September and finally, on the 17th I took his vehicle and mine to a dealership and traded both cars in for 1 car with a lower payment than his car had. There was just under 14k due on his car, the trade in value on both (his and mine) came to 10k, so they added the negative equity onto the new car. After that long winded explanation, here's my question:
Can I hold him in contempt of court since he didn't abide by the agreement? Do I stand a chance, if I take him to court of getting the 4000K negative equity on his car from the trade as well as the 3 months I paid in car payments before I traded the vehicle?
In July 08 he called me and said his dad was out of money and that he still didn't have his court date, so I could either have the vehicle and pay for it, or I could let it get repossesed. Naturally, I took the vehicle. He said he would take it back once he got his court date. I discovered at this time that he had deferred the May payment and was late on the June and July payments. I caught it up since it was still under my name. I waited until mid-September and finally, on the 17th I took his vehicle and mine to a dealership and traded both cars in for 1 car with a lower payment than his car had. There was just under 14k due on his car, the trade in value on both (his and mine) came to 10k, so they added the negative equity onto the new car. After that long winded explanation, here's my question:
Can I hold him in contempt of court since he didn't abide by the agreement? Do I stand a chance, if I take him to court of getting the 4000K negative equity on his car from the trade as well as the 3 months I paid in car payments before I traded the vehicle?
