Breech of spe. agreement


#1

What part of it is she not doing? If you have a contract (a separation agreement) and she is not holding up her end of the deal, then she is in contempt, and you shouldn’t have to have representation for that, unless you aren’t sure of yourself in court. Go to the clerk of court’s office in your county and see what they think.


#2

she hasnt made her suv payment its almost 30 days past due in the sep.a. she signed she is to make all payments on time and taxes and ins. on the suv well she called me asking me about it what can my attorney sue her for if she doent make the payment what can he or i get from her if she doesnt have anything(those were her words)then i told her that in the sep.a. she has to pay my attorney fees and court cost if we goto court but she keeps saying shes gonna let it go back(repo)well i cosigned for her cause her credit isnt that good thats the only way she was gonna get that suv oh i also told her she gets a pay check that can be garnished…

thomas

Thanks for any help
broken hearted


#3

A couple of questions.

  1. Are you divorced yet?
  2. If yes, was your separation agreement incorporated into your divorce decree?

Only if the answer is “yes” to both of these questions is the separation agreement enforceable via the court’s contempt powers. Otherwise, you have what is known as an “unincorporated separation agreement” which may be enforced by contractual remedies (e.g. monetary judgement, rescission, waiver of partial performance, lien against property, attorney fees and court costs if explicitly specified in agreement, etc.) only. Also, keep in mind that the terms of a separation agreement addressing child custody and child support are not binding on the court.

If wife is habitually late in making SUV payments, you might move the court for an order of specific performance of the “make the SUV payment on time” provision of the separation agreement. Not sure if this would fly or not; orders of specific performance typically involve child support, alimony payments, or retirment benefits. Even if you get what you want in court, sounds like your credit will have been damaged (since you co-signed for loan/lease) by the numerous tardy SUV payments.


#4

no we are not divorced yet shes only been gone 4 1/2 weeks but i had my attorney draw up the sep.a. he told me that if she doesnt pay for th suv i could sue (but he hasnt called me back yet may be in court today) just wondering what i could sue for and yes its in the sep.a. that she pays attorney fees and court cost if she breeches contract

thomas

Thanks for any help
broken hearted


#5

Well, I think you may be alluding to something like punitive damages, but I wouldn’t count on it. Essentially she is in contempt and the only reason for going to court at all is to compel her to uphold her end of the deal, which a judge ordered. Essentially she is snubbing her nose at the judge, so YOU figure out who’s going to win that one. You probably don’t even have to be represented since this is a civil matter between her and the court, not you, but listen to what your attorney says.


#6

waiting for my attorney to call but ill ask here if my wife breeches sep. agreement and my attorney takes her to court and sues her what can or will he sue for ??? and how do i go about getting attorney fees and any other fees from her?because in agreement she has to pay for attorney fees and court cost…

Thanks for any help
broken hearted