Is this true?


#1

Currently still married. Spouse gave our 16 yr. old her 2 yr. old car to drive as his own. I argued that this was too expensive a car to give to an inexperienced driver that would just have accidents, suggesting instead we buy him an older, but reliable car that wasn’t cosmetically perfect. Our son just had an “accident” (it was really just his bad driving skills that caused it-- not really an accident-- he hit a parked car) that caused cosmetic damage only, nothing affecting safety or driveability. I don’t believe the dent should be fixed, as he’ll just get more. Spouse states that I can be sued by her to compel me to fix the car, and to be made to pay court costs- is this true? Also, since she gave our son her former car that was paid for, I’m currently reimbursing her for my share of the cars’ value in installments-- can she force me to continue paying for this car, when an acceptable alternative would be to sell the current car, and get him a less expensive one? Can she sue me over that, too? If she atttempts to sue me and the suit is unfounded, or ruled in my favor, can she be forced to pay the court costs?

                                                                                                                  thanks

#2

Unless you have a court order or agreement requiring you to fix the car, you do not have any obligation to do so. You do not have to pay for the car either, unless obligated to do so by order or agreement, or if you are on the loan.
If she files suit without any basis you may seek attorney’s fees.


#3

Thanks-- I guess my question now is, is it possible for her to get court orders such as this, and, if possible, an estimate on how likely it would be to successfully obtain orders such as that. Spouse insists there’s a legal entity addressing “denial of neccessities” available to her --I can’t imagine any judge would consider repairing a (cosmetic-only) dent as a neccessity!

                           thanks very much

#4

If you are separated and your ex files an action for ED and child support she may seek an order requiring such a contribution, but I highly doubt any judge would require you to pay for your child’s car repairs or your ex’s car payments.
A cosmetic repair is not a necessity.