Can my husband be arrested for contempt of court or pay a fine for defaulting on a car loan regarding a divorce stipulation agreement?

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Can my husband be arrested for contempt of court or pay a fine for defaulting on a car loan regarding a divorce stipulation agreement?

My husband’s ex is suing him for not paying the car loan as per their divorce stipulation. I need to know if he can be arrested and or pay a fine for this when he goes to court. Also, what my rights as his wife now?

Asked on November 15, 2011 under Family Law, New York

Answers:

Richard Lebovitz / Maslan, Maslan & Rothwell, P.A.

Answered 9 years ago | Contributor

Yes. The court can find him in contempt for failure to pay the car loan if he had agreed to be responsible for it in the divorce decree or if his agreement was made part of a court order. He may be ordered to not only pay the balance due but also post judgment interest on the loan amount. He may also be ordered to pay his ex wife's attorneys fees.  You have no rights in this as this was his agreement prior to your marriage. You are not responsible for this prior debt/obligation of your husband.


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