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Legal/lawyer type question… #3231148
05/05/24 01:23 PM
05/05/24 01:23 PM
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Port Huron, Michigan
MI_Custumz Offline OP
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Went through a divorce last year. Well, I was being Mr. Nice Guy to make sure the ex didn’t sell our daughters car out from under her. It’s a 2008 Dodge Avenger with a lifetime warranty. My intention was to have the daughter live with me and I would help her out by paying for the insurance and maintenance on the car to not void the warranty. Well, she’s going doesn’t he same self destructive path her mother is and is living with her. I have to just cut her off, but after high school graduation, she’s going to have to change her address to her mother’s. I am ok with cutting the daughter off and her being upset with me. I just can’t deal with the mind games she’s playing and being manipulative. The only part that scares me is this from the property division in the divorce decree:

The wife is also awarded the 2008 Dodge Avanger titled in her name with the Husband continuing to pay for all license plate costs, insurance, and maintenance for the vehicle (the vehicle is intended to be provided for the daughters use) while retained by the family and same is provided by the property settlement in this matter”


What would my options be? Yes I’ve emailed my lawyer, but hoping someone here would have some intel as well. Talked to my insurance company and the car is registered to her mother and if my daughter lives with her mother, they have to insure it.

Re: Legal/lawyer type question… [Re: MI_Custumz] #3231153
05/05/24 02:02 PM
05/05/24 02:02 PM
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Las Vegas, NV
Tom_440 Offline
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well that all sucks.
Not a family lawyer here, but I see 2 paths.
Path 1: Go to court to get the decree amended to make the car the responsibility of daughter and her mom. Hopefully that doesn't cost more than the value of the car.
Path 2: The decree says you pay for "all license plate costs, insurance, and maintenance for the vehicle". So, in writing, tell the ex and daughter to send you the bills for the license plate cost, insurance and maintenance. Then you pay that. Make sure you get the actual bills that show the registration cost, insurance cost, etc. as you don't want to be paying inflated numbers or paying insurance for the ex and her vehicle(s) as well.

Re: Legal/lawyer type question… [Re: Tom_440] #3231158
05/05/24 02:29 PM
05/05/24 02:29 PM
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Mr T2U Offline
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i have never gone thru a divorce. i did know a couple of friends who did though.
i did go thru a paternity situation.
in every case the support for the child ended when the child became legal adult or graduated HS whichever happens later.

i would suggest reading the divorce papers. there should be something in there that says when you paying ends.
and as posted get the ACTUAL BILLS and pay the person due for payment directly.. NEVER give the $$$ to your ex or the child.

Last edited by Mr T2U; 05/05/24 02:31 PM.

perception is 90% of reality
Re: Legal/lawyer type question… [Re: Tom_440] #3231160
05/05/24 02:35 PM
05/05/24 02:35 PM
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Honestly, I never would have agreed to that as part of a divorce settlement, and definitely wouldn't have put that in writing.
The car could have been awarded as property and specifically left you off the hook for additional and/or related expenses.
It's also an open door for a spiteful ex to incur late fees you will owe, if they feel you need additional punishment.
Seems to me that has to be addressed via attorney & court, as a change in circumstance.

Re: Legal/lawyer type question… [Re: MI_Custumz] #3231173
05/05/24 03:27 PM
05/05/24 03:27 PM
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That is a really poor open ended agreement. No time limit and the "intended" use is not a defining statement. In essence, the car could be used for the next 50 years if nothing else in the decree defines a drop dead date.

Re: Legal/lawyer type question… [Re: MI_Custumz] #3231175
05/05/24 03:36 PM
05/05/24 03:36 PM
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Sault Ste. Marie, Ontario, Can...
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Sure reads like it would be in your best interests for that car to be stolen and never be seen again...

Re: Legal/lawyer type question… [Re: crackedback] #3231195
05/05/24 05:39 PM
05/05/24 05:39 PM
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Posts: 5,653
Port Huron, Michigan
MI_Custumz Offline OP
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Originally Posted by crackedback
That is a really poor open ended agreement. No time limit and the "intended" use is not a defining statement. In essence, the car could be used for the next 50 years if nothing else in the decree defines a drop dead date.


My intent was for her to not lose the lifetime warranty on it and I should have read it better. I assumed it ended at age 18 like the other stuff regarding my daughter. I think I screwed the pooch on this one. I am waiting on the lawyer to email back. Hoping the ex will play nice, but doubt it. I don't want to be held liable for anything that happens when my daughter is driver her mom's car. I feel sick to my stomach about this.

Re: Legal/lawyer type question… [Re: MI_Custumz] #3231212
05/05/24 07:10 PM
05/05/24 07:10 PM
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Might be too complicated to figure out here since you have a lot of moving pieces. One thing you need to fully understand is the warranty itself. What does "lifetime" warranty mean? Whose lifetime? Is the warranty tied to the car, to you, to your daughter or what?
If the warranty is for the life of the car and is tied to the VIN then you don't need to do anything. She just drives the car into the dealer and they fix it for her. If the lifetime warranty is only valid if you take the car to the dealer then you should probably buy the car from your ex since the warranty is worthless to them.

Lifetime warranties are usually a scam so be sure you really understand the warranty before you get into a big fight over it. My buddy has a lifetime warranty on his Chrysler Sebring and the warranty is kind of useless. The dealer has to perform all maintenance on the car or else the warranty is voided and they charge about 3x what an independent shop would charge. Also, the dealer charges a $150 diagnostic fee every time he takes the car in for service. The dealer tells him the diagnostic fee isn't covered by the warranty. And of course, there is a long list of things which are not covered by the lifetime warranty. So if you have a warranty like that then you really might not want to spend much time getting upset.

Re: Legal/lawyer type question… [Re: AndyF] #3231289
05/06/24 06:55 AM
05/06/24 06:55 AM
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Port Huron, Michigan
MI_Custumz Offline OP
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It is a Mopar Lifetime Powertrain Warranty and Mopar Lifetime Max Care Warranty. What I wanted was to not lose that so if the daughter had to replace anything or repairs, it would most likely be covered. I can not have the car transferred to another owner since it's valid only to the original purchaser (her mother). I am well aware of how the warranty for that car and my Durango work. My main concern is paying insurance for it. My daughter should be paying for her own since she will be out of school soon, but worried the wife will read it as "dad has to pay for it as long as you are driving the car". License plates I don't mind if I have to pay that. Repairs under the warranty for $100, not bad to deal with. I just don't want it to be major repairs not covered and be the same thought process of her mother who has always had things handed to her in life. I was blindsided with her going after half of my 401k plan (she has the same one) when she said she wasn't. She was very manipulative and I should have triple read the agreement. I don't mind paying for the car and costs while my daughter is in school, but if I'm paying for repairs, the warranty helps. I didn't realize it may be for the life of the car. My luck, it will never die.

Yes the dealer may charge more than the other shops, but all major things are covered for $100. Durango is in for rear AC line leaking. They said it's covered under warranty and the part alone is $120 and they have to drop the trans to fix it. Well worth it to me at $100. They are trying to get rid of the lifetime warranties, so I choose to take it to the dealer for stuff to make sure it's not voided for some stupid reason.

Re: Legal/lawyer type question… [Re: MI_Custumz] #3231292
05/06/24 07:49 AM
05/06/24 07:49 AM
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Berlin, N.J.
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Quote
I assumed it ended at age 18 like the other stuff regarding my daughter. I think I screwed the pooch on this one.



wait for the lawyer to get back to you...

in NJ you are responsible for support (i'd assume everything you agreed to also) until 18, unless she goes to college. then as long as she is taking 12 credits a year (with no skipping time) you are on the hook for another 4 years.


It's better to keep your mouth shut and give the impression that you're stupid than to open it and remove all doubt.

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Re: Legal/lawyer type question… [Re: abodyjoe] #3231314
05/06/24 09:22 AM
05/06/24 09:22 AM
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North Dakota
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I always marvel at the way ex's get back at their ex's. If there is no time limit on you paying registration and insurance, I could see the car on blocks in the back yard and you still getting tagged for registration and insurance. True story, I was sitting with ny wife and a group of her friends, one who was getting divorced. The conversation got around to making her soon to be ex miserable. This was one scheme. Claim you saw a peeping Tom outside your house, tell the police that you couldn't see who it was but you got a license plate number when he fled the scene. It was her ex's plate number. The charge would never stand up in court but the ex is going to be put through the ringer. And when it collapses...all she has to say is she must have been mistaken on the plate number. I realized years ago why the Indians let the females torture prisoners.


"We live in a time when intelligent people are being silenced so that stupid people won't be offended".
Re: Legal/lawyer type question… [Re: abodyjoe] #3231317
05/06/24 09:30 AM
05/06/24 09:30 AM
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Fat_Mike Offline
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Originally Posted by abodyjoe
Quote
I assumed it ended at age 18 like the other stuff regarding my daughter. I think I screwed the pooch on this one.



wait for the lawyer to get back to you...

in NJ you are responsible for support (i'd assume everything you agreed to also) until 18, unless she goes to college. then as long as she is taking 12 credits a year (with no skipping time) you are on the hook for another 4 years.


^^^^ iagree

We can discuss here forever, but none of this talk will matter in the end.
I do have this to add: If you had a lawyer during your divorce, I don't think I'd use use the same one to get this rectified.
...and this time I'm sure you'll take the time to read/digest the documents thoroughly prior to signing them.

Re: Legal/lawyer type question… [Re: MI_Custumz] #3231405
05/06/24 01:59 PM
05/06/24 01:59 PM
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Posts: 10,142
A Red State
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Originally Posted by MI_Custumz
It is a Mopar Lifetime Powertrain Warranty and Mopar Lifetime Max Care Warranty. What I wanted was to not lose that so if the daughter had to replace anything or repairs, it would most likely be covered. I can not have the car transferred to another owner since it's valid only to the original purchaser (her mother). I am well aware of how the warranty for that car and my Durango work. My main concern is paying insurance for it. My daughter should be paying for her own since she will be out of school soon, but worried the wife will read it as "dad has to pay for it as long as you are driving the car". License plates I don't mind if I have to pay that. Repairs under the warranty for $100, not bad to deal with. I just don't want it to be major repairs not covered and be the same thought process of her mother who has always had things handed to her in life. I was blindsided with her going after half of my 401k plan (she has the same one) when she said she wasn't. She was very manipulative and I should have triple read the agreement. I don't mind paying for the car and costs while my daughter is in school, but if I'm paying for repairs, the warranty helps. I didn't realize it may be for the life of the car. My luck, it will never die.

Yes the dealer may charge more than the other shops, but all major things are covered for $100. Durango is in for rear AC line leaking. They said it's covered under warranty and the part alone is $120 and they have to drop the trans to fix it. Well worth it to me at $100. They are trying to get rid of the lifetime warranties, so I choose to take it to the dealer for stuff to make sure it's not voided for some stupid reason.


The Lifetime Powertrain Warranty is really just a scam and they will find a way to quit honoring the warranty, it's just a matter of time.

My in laws have a 2008 Dodge Caravan that they bought the Lifetime Powertrain Warranty on.
It was taken to the dealer for all service work and oil changes, it was due for it's required "maintenance checkup" to keep the warranty and the dealer didn't enter into the system that it was done and now Chrysler won't honor the warranty.
The dealership closed and a new dealership took over the locations that were run by the previous dealer and any proof that the car was at the dealer at that time is is gone.

Total BS and just shows that they look for ways to get out of the warranties they sold.


Kayse can't keep up at all now. lol
Re: Legal/lawyer type question… [Re: MI_Custumz] #3231428
05/06/24 04:24 PM
05/06/24 04:24 PM
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The open ended verbiage of the agreement means this could go on forever. The only way out of this one is to borrow the vehicle and if there would happen to be an accident where it's totaled, which wouldn't take much on an old Dodge, that would be the end of it.

The lifetime powertrain warranty is of little value since they always come up with some reason why it's invalid an any particular case. Some of the large used car dealers are now peddling these warranties and the list of things you have to pay to let them do to keep the warranty in effect is time consuming, expensive and ridiculous.

Re: Legal/lawyer type question… [Re: 70Duster] #3231436
05/06/24 05:38 PM
05/06/24 05:38 PM
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I haven't had any issues with the Max Care Mopar warranty.
I have it on my 2011 Ram, 2016 Jeep Cherokee, and my Mopar '10 Challenger.
the Challenger barely has 15K miles, so no issues
My Ram 1500 is my daily driver with almost 170K on her, some rust but runs great.
I've had a few warranty issues with the Ram:
-Variable Cam Solenoid failed, replaced under warranty
-Automatic Transmission filter fell out of place and locked up the transmission, towed into dealership, repaired under warranty
-Service 4WD light came on last year, has the 4WD AUTO setting on the electronic 4wd switch. Shift motor was going bad, replaced under warranty
Other than that, my radio stopped working years ago (replaced under warranty)
and one of the headlight wiring harnesses was replaced under a TSB many years ago, too.
Other than that, runs great and no issues.
No issues regarding warranty claims, either

JS


76 Dodge Adventurer Sport Power Wagon W100 318, 727, NP203 Fulltime 4x4 Russet Red
06 Jeep Commander Ltd 4x4, 5.7L Hemi, QuadraDrive II
06 Chrysler 300C AWD 5.7L Hemi
10 Mopar 10 Challenger R/T, #483/500, 5.7L HEMI
10 Jeep Grand Cherokee Ltd 4x4 5.7L HEMI
11 Dodge Ram 1500 LoneStar Quad Cab, 5.7L HEMI, Fulltime 4x4, Deep Cherry Red
16 Jeep Cherokee Limited 3.2L Pentastar V6, 9 Speed Torqueflite, 4x4, Black

Re: Legal/lawyer type question… [Re: Fat_Mike] #3231452
05/06/24 07:10 PM
05/06/24 07:10 PM
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Mr T2U Offline
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Originally Posted by Fat_Mike
Originally Posted by abodyjoe
Quote
I assumed it ended at age 18 like the other stuff regarding my daughter. I think I screwed the pooch on this one.



wait for the lawyer to get back to you...

in NJ you are responsible for support (i'd assume everything you agreed to also) until 18, unless she goes to college. then as long as she is taking 12 credits a year (with no skipping time) you are on the hook for another 4 years.


^^^^ iagree

We can discuss here forever, but none of this talk will matter in the end.
I do have this to add: If you had a lawyer during your divorce, I don't think I'd use use the same one to get this rectified.
...and this time I'm sure you'll take the time to read/digest the documents thoroughly prior to signing them.


IMO if this is really a never ending open issue you should have a pretty good case against the original lawyer for misconduct / malpractice.
i have never heard of a somewhat current case where support / payment to support your children that never ends. this sometimes happened LONG ago. now that the support laws have been amended years ago it shouldn't happen.
in my paternity case. signed a summary of the final documents prepared by my lawyer a week or so before i signed the final documents to be sure i absolutely understood what i was agreeing to. . i would assume they wanted this to be sure their rear was covered in case something happened afterwards like yours. i also agreed to a minor detail that my lawyer advised against accepting. this was clearly spelled out in the summary.
in the end you won't know for sure until you talk to the original lawyer. GOOD LUCK.


perception is 90% of reality
Re: Legal/lawyer type question… [Re: Mr T2U] #3231472
05/06/24 08:26 PM
05/06/24 08:26 PM
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I don't believe in divorce so I can only talk about the warranty. I will NEVER sell my 2015 Ram, but I am sure at some point they will quit honoring the lifetime powertrain warranty as I have already got carrier bearings at 140K, a trans at 280K, and a Hemi engine at 340K. They also replaced the passenger exhaust manifold after the third set of studs broke and warped the manifold. What went well in my favor was during Covid used vehicles, especially trucks held their value and kept mine over the threshold of cost!


The funny thing about science is that if you change one miniscule parameter you change the entire outcome to the way you want it.

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Re: Legal/lawyer type question… [Re: Rhinodart] #3231481
05/06/24 09:04 PM
05/06/24 09:04 PM
Joined: Feb 2004
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Sault Ste. Marie, Ontario, Can...
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Originally Posted by Rhinodart
I don't believe in divorce so I can only talk about the warranty. I will NEVER sell my 2015 Ram, but I am sure at some point they will quit honoring the lifetime powertrain warranty as I have already got carrier bearings at 140K, a trans at 280K, and a Hemi engine at 340K. They also replaced the passenger exhaust manifold after the third set of studs broke and warped the manifold. What went well in my favor was during Covid used vehicles, especially trucks held their value and kept mine over the threshold of cost!


Stellantis should hire you as the lead tester for their next gen of heavy duty trucks!

Re: Legal/lawyer type question… [Re: moparmike1] #3231495
05/06/24 10:32 PM
05/06/24 10:32 PM
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For paying the vehicle costs you would have thought a decent lawyer would have added the stipulation that it was only until she was 18 or of full time school. How will that vehicle last without you taking care of it? Maybe you'll get lucky and it'll get run down and she won't want to have anything to do with it. Or the X will take advantage and start using it and you can wash your hands of it since it's supposed to be for your daughter's use and not hers.

In a way I'm a bit surprised how they're still honoring the lifetime warranties and that they weren't written in a way that the lifetime is until they no longer have the parts or the repair cost can't exceed the value of the vehicle. Usually that sort of thing is what the catch is.

Re: Legal/lawyer type question… [Re: Rhinodart] #3231524
05/07/24 07:08 AM
05/07/24 07:08 AM
Joined: Dec 2003
Posts: 5,653
Port Huron, Michigan
MI_Custumz Offline OP
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I didn't believe in divorce either. But after having suspicions of her cheating for a few years, I got a text to get checked for STD's from an app generated number. Guessing it was someone she knew and didn't want to lose her friendship. I asked her if she had an affair and we could work it out. She denied it. That was it, no more trust. Waiting on the lawyer to respond. Hoping to get an answer soon.







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