Wantabefree
newbie
Reged: 01/27/08
Posts: 45
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Right before my wife filed for divorce, she wrecked her car running a red light (2 days before filing). She has also taken 6000 money from our account and had me ordered out of home. Almost 1 month passed and ignoring my repeated warnings she continues to drive our child around in that wrecked, unsafe car. She had not done a thing to have it fixed except get a repair quote. Her laywer accused me in court for trying to take away her work car and I shut up because my lawyer told me not to speak. I sent her e-mails but she is not communicating at all. Is this a good time to call CPS, police or take it to the court? Can they do anything? The car certainly would not provide adequate protection during a follow-up accident. Am I being paranoid?
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PhoenixRising
Carpal \'Tunnel
Reged: 01/05/07
Posts: 3681
Loc: New York
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Here is the problem:
If you "call CPS, police or take it to the court" then you create the perception that you are "trying to take away her work car".
It could backfire on you.. Her lawyer could agree w/ you that the car is unsafe and ask the judge for a large pendente lite support package than she might have gotten otherwise..
If your only concern is for your child. You could demonstrate that concern by getting the car fixed. In the long run, it might also be the cheaper route..
PS: It does not matter if the $6k is in your joint account or not; it is still a marital asset and will "eventually" be equitably distributed.
You "could" get more of a share back if you show that you stayed on the high road and took care to keep your child out of danger.
NOT saying that would happen.. Just saying judges look at the actions and motives of each party during the pendency of the divorce process.
If you are "perceived" to have had the capacity to make things better but chose to make things worse by filing charges against her then it does not help your case.
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Be kind, for everyone you meet is fighting a hard battle. --Plato
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ILMimi
addict
Reged: 01/03/08
Posts: 502
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My STBX had 6 car accidents in 2 1/2 years: the last 3 he just left the damage as he couldn't put through a claim as the insurer would drop him for excessive claims.
The car finally died, without the children in it. He is currently renting a car. I am surprised he hasn't asked me to pay him for a "new" car or at least pay his rental fee.
I had the same fear you did and my lawyer suggested if it really bothered me to call the police so they could ticket him for not having a usable drivers side mirror. I decided to just try to do most of the driving to/from the STBX's house and to just hope for the best. I also wanted to keep him as calm as possible while the divorce negotiations are going on. It would only come back to bite me if I started getting in his face about every issue.
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Redlegg
Carpal \'Tunnel
Reged: 10/05/06
Posts: 26686
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Is an inspection coming up soon, instead of saying its unsafe, maybe you can get an inspection ordered.
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kschnitz
newbie
Reged: 02/20/07
Posts: 36
Loc: Texas
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I also think your proposed actions might back fire. If the car is still being driven that would mean the critical crush zones are mostly still intact. You don't say if the airbags are working, but in most states they recommend the kids ride in the back due to the dangers of air bags anyway. If it really matters that much to you, just offer to pay to have the car fixed or offer to provide transportation as often as your situation will allow.
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SuperCat
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