Q: My stpex covers car insurance/payment car got totaled when i was driving. He got the ins ck. kept $$. I now have no car

A: My suggestion is to send your ex an email, laying out the following type of information:

1. pursuant to paragraph __ of your divorce settlement agreement dated _____, he was responsible for payment of your monthly car payment on the lease/financing until ___.

2. Pursuance to paragraph __ of your divorce settlement agreement, he was also responsible for payment of your auto insurance coverage until ___.

3. On ____, the car was in a flood and as a result of that flood, the auto insurance carrier deemed the car totaled, took possession of the car, and notified you that a check would be issued to cover the value of the car.

4. The auto insurance carrier paid out __________ on ____________ to cover the value of the car and the check was made payable to you since the car was titled in your name.

5. That payment from the insurance carrier was my money for purposes of purchasing a replacement car / pay off of the existing loan obligation against the car (identify if the car was paid off and this was the net monies or whether there was a debt remaining to be paid off).

6. I have repeatedly asked you for the turnover of the money from the insurance carrier and you have refused to turn same over to me.

7. If all of the money from the insurance carrier is not turned over to me by ______, I will have no alternative but to immediately hire counsel and file an application with the court for enforcement of the terms of our agreement and for sanctions against you for retaining insurance monies belonging to me.

*********** this is presuming that the check paid out by the insurance company was separate from the money owed on the loan obligation for the car. If your ex got the insurance money and used the money to pay off the loan obligation balance, then you need to find out what the balance was and whether the check from the insurance company was more than the amount owed. If so, then your ex needs to provide proof of the payoff of the loan and what money remained after the payoff of the loan from the insurance company and that money would be yours since you were to receive the car after the payoff of the loan balance.

The last issue was if your ex was responsible to pay of the loan balance as part of your deal, then he still owes you a monthly payment for the balance of the loan term.

Big picture is that you should get all of this information together, make sure you know the details with paperwork to support your position and meet with a divorce lawyer to assist you in filing an application with the court for relief if your ex remains uncooperative.