I cosigned for an ex partner, the relationship was abusive and I no longer have any contact with her at all. She has since missed 23 payments on that car and is still affecting my life. How do I go about getting my name off of the car and not hurting my credit anymore than it is already hurt?
You can not get your name off the loan without permission of the lender-which will not ever agree to that. You might want to contact the lender to see if they have repossessed the car. Also you should contact the other party to see if she would agree to sell the car in order to pay off the loan.
Married 20 yrs. It’s been owned home before marriage. He has refinanced three times and never put my name on the house.
You will have a claim on the increase in value that occured during the marriage. That increase is marital property, subject to an equitable (meaning "fair", not necessarily "equal) distribution in the divorce. You should get a lawyer to help you with this.
andf thealdf thelafj
I think the order will apply since they did not file an appeal at the time. You should get a lawyer to help you with this.
My ex husband filed a motion this week to modify medical decision making of our daughter. Our divorce decree states we must go to mediation prior to filing a motion but he and his attorney skipped this step. Could this be considered contempt?
I do not think contempt is the right response. You could file a response pointing out the failure to go to mediation. The court is likely to order mediation in any case. You should get a lawyer to help you with this.
I am currently applying for Hungarian citizenship (my father was Hungarian), and the consulate wants a "Divorce Decree" or a "Certificate of No Appeal" instead of the Decree of Dissolution of Marriage. I am having difficulty in finding out whether these exist in Colorado or are... Read more »
The "Decree of Dissolution of Marriage" is the "divorce decree". That is just what Colorado calls a divorce.
I'm not sure what difference the death certificate makes. In Colorado, the Personal Representative controls disposition of the decedent's assets. The Personal Representative is appointed by the probate court. It usually is whomever is named as PR by the will. If no will, then the PR is... Read more »
Can I file contempt of court if I have not been removed from the loan if I requested that I be removed from it in the divorce decree
This depends on what the decree says, not just what you requested. IF the decree requires him to get you removed, it may be contempt IF he has the ability to do so. However, most lenders will not remove a co-signer unless the loan is refinanced.
This depends on what the finances are. You may be eligible for maintenance (alimony) and property division of all existing property. You should get a lawyer to help you with this.
The house is under my name only.
The equity that existed in the house at the time of marriage is your separate property. However, any increase in that equity that occurred during the marriage is marital property, subject to an equitable distribution by the court. Equitable means fair, not necessarily equal. You should get a lawyer... Read more »
I know he went back to Michigan and I know the general area he probably is staying but I don't know for sure where in Michigan he is. He probably also won't sign the papers even if I can track him down to serve him. He said he wouldn't let me divorce him but does he really have a... Read more »
First, you have to make reasonable efforts to locate him. If you still cannot locate him, you can request the court permit service by publication. You should get a lawyer to help you with this.
My wages were being garnished for back child support/maintenance and the checks were going directly to my ex and not through an agency.
I thought when I didn't owe any more money the garnishments would automatically stop. After a year of overpaying ($10,000) what can I do to get this... Read more »
You may need to file a motion to terminate the garnishment. You can also file a motion to have her repay the overpayment. You should get a lawyer for this.
we have no shared bank accounts or assets; we have a 2 year old daughter together so I am interested in what I should be getting for child support or maintenance.
Child support is usually determined by the child support guidelines. These guidelines take into consideration the respective parenting time, each party's income, and certain expenses related to the child such as work related child care etc. Maintenance (spousal support) is determined by the... Read more »
He does not have any parental rights absent a court determination that he should have them. It is sometimes possible for a non-parent to obtain parental rights if doing so appears to be in the best interests of the children.
I would not be concerned with being considered as "abandoning the marriage". That concept does not have any relevance in a "no-fault' case. However, it may be useful to have a written agreement re finances during the separation. You should get a lawyer to help you.
Ex husband is named in a trust that is getting the money from relatives. Has not paid any child support.
If you can not proceed directly against the trust (I'm not sure about that), you can still cite him for contempt. The judge will consider his potential disbursements from the trust as a factor in determining his ability to comply with the existing order. You should get a lawyer to help you... Read more »
They are asking the court to reduce the normal time for filing responses/replies. This can be done if there is an urgent situation that needs to be addressed by the court.
We want to divorce, 16yr daughter wants to stay with dad. We live in Colorado springs. All debts and credits in both our names, if we sell the house, she can have all profit. Will I still have to pay her alimony since she doesn't have a tax paying job? Is she entitled to my 401 from my job.
Assuming you have the higher income, alimony is likely. Your 401k and the house are marital property, subject to an equitable division. You should get a lawyer to help you with this.
We signed a lease together in Boulder, CO while separated. We decided to terminate our lease early while separated and before the divorce judgment was filed in California. We each paid half of the early termination fee. His CA Attorney is claiming that since we were separated, the money my ex... Read more »
I do not see this as "spousal support". It may depend on the exact wording of your order for support. You should consult with a lawyer about this.
She wants to turn herself in with her lawyer but wants me to pick the daughter up before she does that so she's with someone safe. What should I do to make sure I have guardianship of her for school, medical and other things?
Colorado has an informal guardianship procedure whereby a parent can delegate parental control over a minor for a 1 year(?) period. This involves signing a simple form. See if NM has a similar procedure.
Not in the picture. Can I go pick the daughter up and take custody of her?
No, you have no basis at this time. You could consider bring an case in NM, depending on their laws. However, I doubt there is a basis. Perhaps the mother will consent to her daughter being with you.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
