Who is entitled to insurance settlement

[mickeysgirlcooks]

My ex-husband and I separated in February 2006. I continued to pay the insurance premiums on all of our vehicles until June of 2006 when I let the policies lapse and got my own for just my car. In July 2006 my ex-husband received a DUI and, since his license was suspended, he allowed our 16-year-old son to drive his truck. He told me he couldn't insure it due to the DUI and I put the truck on my insurance. After his suspension was over he continued to let our son drive the truck and eventually told him if he graduated high school on time the truck would be his. I continued to pay the premiums, telling my son he needed to get a job to reimburse me. He probably paid 2-3 times.

The divorce was final in June 2007 and the truck was awarded to my ex in the settlement. The title was originally held in both our names and he never changed it.

On November 20, 2007 my son was in an accident and the truck was totalled by the insurance company (my son was fine). The payout will be made to me as the policy holder and I was going along fine thinking we would get him another truck, pay tax and license, etc. and pay for a 6 month insurance premium, giving him until he graduates to not have to make payments. Suddenly he comes to me the other day and says that his father told him the entire payout should be put in his account because I might try to keep some for myself. Aside from being hurt I am concerned the money will not be spent appropriately, i.e. $10,000 payout and he will buy a $10,000 truck leaving nothing for other expenses.

Long convoluted story to ask this . . . who is legally entitled to the payout? My thought is that since the truck is legally his my ex should get it but I should deduct the premiums I paid.

Thanks for your help.

That would be a fair and reasonable compromise.

But basically the truck is his and he would normally get the proceeds