- Jurisdiction
- Illinois
Stay with me on this one because there is alot going on...
about 18 months ago, my ex boyfriend and the father of my youngest son was asked to leave our residence due to problems with drinking. Since then we have put a parenting plan in place, but at the time he left the residence, had an agreement in which he would keep my vehicle and he would continue to make payments on a van that is in his name but I was driving in order for me to continue working. He stated IN WRITING several times that the vehicle he had in his possesion was mine and that he would continue to pay off the van and hand the title over to me. We also made an agreement that if he was going to allow me to keep the van, I would allow the payments to be monetary child support until it was paid off. Fast forward to October of this year, we went to court to put together a parenting plan. During court it was stated verbally to the judge that the van payment was monetary child support at the time. Once the parenting plan was put in place, he became upset because he did not receive decision-making rights and then informed me that I was not going to be allowed to keep the van and I needed to return it. He also inform me that he would not give me my vehicle back in exchange for the van unless I bought it back from him. (Both of our names are on the title to my car because he bought the car from his mother to replace a vehicle of mine that he had totaled. He titled it in both of our names to avoid paying sales tax.) So now I have already filed a small claims suit for either my vehicle or the van which he entered a written contract to give to me. At the same time, his lawyer filed a replevin complaint stating that I am wrongfully withholding his property (the van) demanding that I return it. I need to answer and finally counterclaim on the van as soon as possible. I have also filed separately to set child support and I'm wondering whether or not I will be able to seek back child support since he is not going to allow me to keep the van that he was making the payments on that we agreed would be his form of support. Other than the car payment he has contributed nothing for support. So basically for a year-and-a-half his child support was allowing me to borrow his van while he borrowed my car.
I guess my question is is how can I go about dealing with all of these issues separately and would it be easier to ask for back child support to recoup any losses if I cannot keep the van or I do not get my car back...or should I demand the value of the van be given to me?
I cannot afford a lawyer and am very law savvy. I have also had all my fees waived do to my income and assistance. Any advice would be greatly appreciated!!
about 18 months ago, my ex boyfriend and the father of my youngest son was asked to leave our residence due to problems with drinking. Since then we have put a parenting plan in place, but at the time he left the residence, had an agreement in which he would keep my vehicle and he would continue to make payments on a van that is in his name but I was driving in order for me to continue working. He stated IN WRITING several times that the vehicle he had in his possesion was mine and that he would continue to pay off the van and hand the title over to me. We also made an agreement that if he was going to allow me to keep the van, I would allow the payments to be monetary child support until it was paid off. Fast forward to October of this year, we went to court to put together a parenting plan. During court it was stated verbally to the judge that the van payment was monetary child support at the time. Once the parenting plan was put in place, he became upset because he did not receive decision-making rights and then informed me that I was not going to be allowed to keep the van and I needed to return it. He also inform me that he would not give me my vehicle back in exchange for the van unless I bought it back from him. (Both of our names are on the title to my car because he bought the car from his mother to replace a vehicle of mine that he had totaled. He titled it in both of our names to avoid paying sales tax.) So now I have already filed a small claims suit for either my vehicle or the van which he entered a written contract to give to me. At the same time, his lawyer filed a replevin complaint stating that I am wrongfully withholding his property (the van) demanding that I return it. I need to answer and finally counterclaim on the van as soon as possible. I have also filed separately to set child support and I'm wondering whether or not I will be able to seek back child support since he is not going to allow me to keep the van that he was making the payments on that we agreed would be his form of support. Other than the car payment he has contributed nothing for support. So basically for a year-and-a-half his child support was allowing me to borrow his van while he borrowed my car.
I guess my question is is how can I go about dealing with all of these issues separately and would it be easier to ask for back child support to recoup any losses if I cannot keep the van or I do not get my car back...or should I demand the value of the van be given to me?
I cannot afford a lawyer and am very law savvy. I have also had all my fees waived do to my income and assistance. Any advice would be greatly appreciated!!
