Family Van

[michael5]

Family van is under my name - since separation date (10 months ago) I have been paying loan payments, insurance and gas for usage by STBX. I have repeatedly asked if she wants to keep the van, which will require her to get her own financing. She has indicated she does not want the van and is looking to pursue getting her own vehicle. In the meantime, I have 587/mth for Van, 194/mth for insurance and 200-400/mth for gas usage. This is on top of paying every other bill and giving her 800/mth in interim support payments until Separation Agreement is signed. (Not sure what the 800/mth is going for - since I pay for everything - well I guess I know since I have seen new Le Senza purchases, new jewelery, new outfits, new gadgets, new vacations, etc). To top this off, since she has decided not to keep it, I have noticed that the van is not being kept in good condition - scratches, dents, etc.
I am told, if I take it back, Judge will come down on me. Question is:

1. If Judge comes down on me, saying I took transportation away, What can he/she really do to me? Can't I argue that, the 800/mth, plus paying all bills, plus the 1900/mth she is getting in Child Benefit should have gone towards getting her own vehicle? Its been 10 months now.
2. What other options do I have instead of getting screwed, going into debt each month and absorbing more damage to my van - which will require me to fix before I can sell it.

 

[Gary M]

You tell her, in writing, to either take ownership of the van or return it.

Nothing more, nothing less. Simple.

Cheers!

Gary

 

[DunnMom]

Agree with Gary ....

The van is in YOUR name. It is YOUR van. It is YOURS, you take it and use it or take it and sell if. If she refuses to give it to you, you call the police.

Support is support. I'm assuming the $800/mo you are paying is based on your income and the CS Guidelines? If so, then that is what you are obligated to pay towards the care of your children (unless of course you have more then 40% access).

 

[michael5]

Thanks Guys...While we are working out support payments (which will work out to 2588 for CS and 165 for SS and 167 for Extra ordinary expenses). I have been paying all household bills, plus giving her the 800/mth cash for expenses. I have been giving the 800/mth as email money transfer with a memo of interim support payment to track it.
Yes I have been foolish in handling the things as I have - but as many have realized only too late, I see that my STBX has been milking me and enjoying it. I tried to think about the kids and was thinking even if she is benefiting, I am doing this for the kids. But now I realize that, unless the I am healthy and financially secure, no one will be well off.

BTW - I am in the same boat with the house. Mortgage is under my name, title is in my name. She does not want to stay there, but is refusing to move. From the research and my useless lawyer - I am told I have to take her to court - which will take atleast 1 year and until then I have to keep paying all the expenses. Isn't there any way, I can sell the house?