ex wife not paying camper payment

[shockergeek]

What is the name of your state (only U.S. law)? Ohio
I have been divorced for almost 2 yrs now, and in the seperation agreement my ex wanted the camper we had. She has the camper, and is supposed to make the payment, according to the court papers. She can't get it refinanced out of my name because of her credit. So the loan is still in both of our names. She is currently mad at me because of a pending administrative review for child support, and she informed me she was going to ruin my credit and let the bank repo the camper. Well yesterday the bank called me and informed me she missed the May payment. I explained to the bank the entire situation, and also that I know it is still in my name as well. My question is, how long should I wait till she is behind before filing contempt charges. I don't want this to hurt my credit and I currently can't take on this debt myself, as I already pay the mortgage payment where her and my kids live, plus the child support.
Im not sure this is even in the right forum.

 

[LdiJ]

What is the name of your state (only U.S. law)? Ohio
I have been divorced for almost 2 yrs now, and in the seperation agreement my ex wanted the camper we had. She has the camper, and is supposed to make the payment, according to the court papers. She can't get it refinanced out of my name because of her credit. So the loan is still in both of our names. She is currently mad at me because of a pending administrative review for child support, and she informed me she was going to ruin my credit and let the bank repo the camper. Well yesterday the bank called me and informed me she missed the May payment. I explained to the bank the entire situation, and also that I know it is still in my name as well. My question is, how long should I wait till she is behind before filing contempt charges. I don't want this to hurt my credit and I currently can't take on this debt myself, as I already pay the mortgage payment where her and my kids live, plus the child support.
Im not sure this is even in the right forum.

Your credit is going to get damaged if the payment is not made. Therefore if you want to protect your credit, you need to make the payment. Take her to court immediately for contempt and ask the judge to order that she reimburse you for any payments you had to make.

 

[shockergeek]

Yes unfortunatly I know if the payment isn't made it will hurt my credit. I just didn't know if I could file contempt charges as soon as she was behind on a payment, or if I would have to wait till she was a couple payments or till the bank repo the camper.

 

[shockergeek]

Also I have a savings account at this same bank, can the bank go into my account and just take that payment out without my consent?
Reason I ask is because I have my car payment taken directly out of my savings account and I don't want them to take both payments without my knowledge. I have authorized them to take my car payment, but nothing else.

 

[CreativeBlock]

Also I have a savings account at this same bank, can the bank go into my account and just take that payment out without my consent?

Yes, they can. It's called the "right to offset" and you agreed to it when you opened the account (it's a standard clause in any banking ToS, but most people don't realize it).

 

[shockergeek]

I figured there was something like that. Guess my next step is to go in and take out the money and just write them a check every month. My ex informed me her boss, which is her attorney, told her she doesn't have to pay that payment because I petitioned for an administrative review of child support. She said t was because the separation agreement has changed. I said child support is determined by the state based on my income and her income.
Guess next step is filing contempt charges.

 

[Antigone*]

Yes, they can. It's called the "right to offset" and you agreed to it when you opened the account (it's a standard clause in any banking ToS, but most people don't realize it).

Technically, CB it is right of setoff. Often times both terms are used interchangeably. I see it happen all the time. Fantastic way to recover monies that might otherwise be difficult to obtain.

 

[shockergeek]

What about if I take all the money out of my savings account that I have, which is at the bank where the camper loan is through, and put it in another savigs account at a different bank. Can they take the payment from the new savings account at the different bank?

 

[Zigner]

What about if I take all the money out of my savings account that I have, which is at the bank where the camper loan is through, and put it in another savigs account at a different bank. Can they take the payment from the new savings account at the different bank?

Only after they get the judgement against you...

 

[shockergeek]

Im not saying im not gonna pay it. I just have to do some rearranging of my finances cause I did not plan to take on the payment. I just don't want them to take the money out when I least expect it.
I can see she is gonna be a PITA, probably for a long time to come.