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ScottyMacEsq
ScottyMacEsq, Lawyer
Category: Family Law
Satisfied Customers: 11688
Experience:  Licensed Texas General Practice Attorney
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my 18 year old daughter bought a car with her then 29 year

Customer Question

my 18 year old daughter bought a car with her then 29 year old boyfriend. They have a baby together and they are no longer together. he pays on the car when he wants. Creditors periodically want to garnish my daughters paycheck. He is behind in child support. My daughter is now 23 years old and can't or wont take care of business. How can she take care of this car?
Submitted: 1 year ago.
Category: Family Law
Expert:  ScottyMacEsq replied 1 year ago.

ScottyMacEsq :

Thank you for using JustAnswer. I am researching your issue and will respond shortly.

ScottyMacEsq :

I'm sorry to hear about your situation. Really these are two different situations. The child support is something that he already has a legal obligation to her to provide (assuming that there is in fact a court order that orders it), but the obligation on the car loan is a mutual obligation that they both have (assuming that she signed the loan documents as well as him). That is, she can take him to court to enforce the child support order, because he is in contempt, and non-support can be illegal (which could make him wind up in jail). The car loan, on the other hand, is still actionable by her against him (especially if he has possession of the vehicle), but it would require an entirely new lawsuit against him, and his noncompliance is not something that would make him wind up in jail.

ScottyMacEsq :

that being said...

ScottyMacEsq :

it's ultimately up to your daughter whether or not she takes him to court for either the child support or the car loan situation.

ScottyMacEsq :

The good thing is that she can contact the Atty. Gen.'s office for the State of Washington and seek assistance in enforcing the child support order, including getting a garnishment against him.

ScottyMacEsq :

The information can be found here:

ScottyMacEsq :

again, if she is not willing to pursue him for that child support, that's often in the discretion of the party that benefits from it, BUT the AG's office can seek enforcement sua sponte (on their own, without her consent) because ultimately child support is for the benefit of the child, not the parent.

ScottyMacEsq :

Sometimes informing them of the issue (even you could do that) will prompt action on their part, but that's ultimately up to them as to whether they would prosecute that case in the situation where she would not be willing to pursue it.

ScottyMacEsq :

as for the car loan situation, that really is entirely up to her as to what she can do about it. Since she has signed on to the loan, they can pursue her for, and actually garnish wages if they get a judgment against her. That means that they would have to sue her in court for the nonpayment, get a judgment, and get a writ of garnishment from the courts to allow them to do so. She can, in the situation that they sue her, "implead" her ex-boyfriend ( meaning that she brings him into the case) but ultimately a judgment would be joint and several (which means that the plaintiff loan company can go after either party for the entire amount if they want to).

ScottyMacEsq :

She can also sue him for anything that she is out as a result of him not paying on the loan.

ScottyMacEsq :

If the amount of that claim would be under $5,000, she could bring it in small claims court. She can find more information about small claims in her county by doing a search on the web for her county and "small claims". She can contact the small claims clerk to inquire about the process, forms, fees, etc... to sue on this.

ScottyMacEsq :

Again, this would be entirely up to her as to whether she would want to do it or not. While you could contact the AG for the child support issue, there would be a lack of standing on your part to sue the ex-boyfriend for the car loan. That really would be entirely up to her.

ScottyMacEsq :

And I could only encourage you to not give up trying to convince her to take him to court and "take care of business".

ScottyMacEsq :

Hope that clears things up a bit. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable. Please note that I don't get any credit for my answer unless and until you rate it a 3, 4, 5 (good or better). Thank you, XXXXX XXXXX luck to you!

ScottyMacEsq :

Did you have any other questions before you rate this answer?

ScottyMacEsq :

Are you there? Please note that I am still here, awaiting your response.

ScottyMacEsq :

Should I continue to await your response, or may I assist the other customers that are waiting?

ScottyMacEsq :

I have not had a response from you in some time... should I continue to wait here, or can I assist the other customers that are waiting?

ScottyMacEsq :

My apologies, but I must assist the other customers that are waiting. If there's nothing else, please rate this answer. Please note that I don't get any credit for the time (~25 minutes) and effort that I spent on this answer unless and until you rate it a 3, 4, 5 (good or better) AND press the "submit" button, if applicable. If you feel that I have gone above and beyond in this answer (my average answer is about 10 minutes) bonuses are greatly appreciated. Thank you, XXXXX XXXXX luck to you!

Customer:

Thank you for your help. i have been telling her to take him to court for years now. i will pass this information onto her and hope and pray she does something with this information.

ScottyMacEsq, Lawyer
Category: Family Law
Satisfied Customers: 11688
Experience: Licensed Texas General Practice Attorney
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