In my divorce decree it states that I pay 2/3 for a car and my ex pays the other third. She wants to give our son an old car with 170,000 miles on it. This car needs to last until our son is 21. I want to buy a car with less mileage. How do we resolve this? If we have to go to court, how do I file for this?
First, let me preface my answer by stating that I am not licensed to practice law in the state of Georgia, although Cordell & Cordell does have attorneys who are licensed in Georgia and would be happy to discuss your case with you.
This is a problem that many people face in a variety of states. The agreement states that we are to perform a certain action in the future with regard to the future. The parents have good intentions when agreeing to the provision, however, when the time comes, the parties can’t agree to how they want to proceed. This is the situation that you are currently facing.
Unless you and your ex-spouse are able to agree, then your only real option is to file a motion with the Court and ask the Court to interpret the provision of the agreement, as to how you are to proceed. You should consult an attorney in Georgia to find the best way to proceed and what the procedural requirements are in your jurisdiction.
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.