I am currently making the car payments on the vehicle that was awarded to my ex-wife in our divorce.
She has since remarried. I would like to know if I am still required to pay for this car while she and her husband drive it?
First let me preface my answer by stating that I am not licensed in the state of West Virginia. I cannot provide you with any specific advice as I am not familiar with West Virginia statutes and rules. You should contact an attorney in your jurisdiction for specific advice.
In some states, there are statutes that provide that if an ex-spouse gets remarried, then maintenance or alimony would automatically terminate. If your state has such a statute and the judge ordered you to pay the car as a form of maintenance, then you may be able to have the court order that your obligation is terminated.
However, if the judge ordered you to pay the car payment as a portion of the settlement of the marital estate, then it will be more difficult. You may be able to argue to the court that she planned on getting remarried all along and may have committed fraud on the court.
You should consult an attorney in your jurisdiction to get specific advice to your question and see what your options are.
Jason Bowman is an attorney in the Louisville, Kentucky, office of Cordell & Cordell. He is licensed in the states of Kentucky and Texas. He received his Bachelor of Science in Business from the University of Louisville, and received his Juris Doctor from Texas Wesleyan University.