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Amber E.
Amber E., Attorney
Category: Legal
Satisfied Customers: 1464
Experience:  Experienced practitioner in areas of Divorce, Custody, Social Security, and Contract disputes.
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My ex wife was awarded one of two vehicles (to include making

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My ex wife was awarded one of two vehicles (to include making the payments of her vehicle) in our divorce. The title and loan are in my name alone and I can't transfer the title until she refinances the vehicle which she refuses to do. I have been making the payments to save my credit, but am tired of it. Would the Mn courts force her to make the payments or possibly sell the vehicle if she can't make the payments?
When property is awarded to one spouse, then ordinarily that spouse becomes responsible for the cost and upkeep. Absent some provision in the judgment to the contrary, should she then refuse to keep up her end of the bargain by making the payments or taking whatever other step is necessary to ensure proper transfer of the property into her name and responsibility, then she could be held in contempt of court. With that comes a variety of options that the court can choose as punishment, including forcing her to make the payments, or take whatever steps are necessary to release the other from responsibility, or yes even forcing her to sell the vehicle.
Customer: replied 3 years ago.
Could the court then possibly raise my maintenance payments because I make about 30k annually more than when I was divorced...I do have a Karon waiver?
Typically, spousal maintenance or support is based on need. Unlike child support, alimony doesn't generally increase with income. Nevertheless is possible in the context of the scenario you describe, because you are talking about the shifting of assets. But of course, that would depend on other factors particular to the case as well. For example, the loss of the vehicle would have to be accounted for in some way. This could occur with simply providing her the proceeds, or dividing them fairly. On the other hand, if you have been making payments that she should have made, then you may actually be entitled to reimbursement, perhaps a partial or temporary reduction in maintenance payments. It really just depends on how the court decides to address the issue, and the courts have a great deal of discretion.
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