Does my ex-husband still to pay a car note and car insurance if my old car was totalled now that I need to get a replacement?

I was awarded child support and spousal support. As part of spousal support, he had to to pay my existing car note and car insurance. That car was hit and insurance declared it totaled. Now I need a new car. Does he still have to pay car note and car insurance since it was part of spousal support? We have 3 minor children that live with me and he has no visitation.

Asked on November 14, 2018 under Family Law, Louisiana


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

Ir depends on the terms of the court order. If the order essentially says he has to pay for A car for you (i.e, make sure you have a car or provide you with one), he'd need to now pay for the replacement car and insurance (though likely only up to the amount he was paying before; i.e. if the new vehicle has a higher monthly payment, you'd likely have to pay the difference youself, since he can't be required to pay more than he had been or the court had ordered him to pay). 
But if the order was very specific in that it named or identified precisely the car that was totalled, he could raise as a defense to payment a good and possibly winning argument that he ordered only to pay for *that* car, and since *that* car is no longer around, he does not have to pay any longer.

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