iamkidsmom
recently joined
Reged: 11/07/05
Posts: 2
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He convinced me to quit my job and be a stay at home mom saying he makes enough money to pay all the bills. He then used all my credit cards to work on his house, go on trips without me, buy things and pay bills, then he wouldn't pay the credit cards bills but told me he was. Then after all the lies, and now being tens of thousands of dollars in debt when I go to divorce him, I have to pay because the cards are in my name???? I cannot even afford to pay for a bankruptcy. Does anyone have a good argument for me to use. Nothing I've said has convince the judge or my lawyer. Sadly this is only a small bit of the very large problem I am going through. HELP!!
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dharmabumjon
newbie
Reged: 11/04/05
Posts: 33
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If you were married, and he was listed as an authorized user, the debt should be considered joint debt. I can't imagine a judge sticking you with all the bills.
Contact your credit card companies and see if you can get copies of the credit transactions with his signature on it. If you have to, subpoena them. You need to be able to prove to the courts that he was at least part of the problem.
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fathersday
enthusiast
Reged: 06/06/05
Posts: 308
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Quote:
He convinced me to quit my job and be a stay at home mom saying he makes enough money to pay all the bills. He then used all my credit cards to work on his house, go on trips without me, buy things and pay bills, then he wouldn't pay the credit cards bills but told me he was. Then after all the lies, and now being tens of thousands of dollars in debt when I go to divorce him, I have to pay because the cards are in my name???? I cannot even afford to pay for a bankruptcy. Does anyone have a good argument for me to use. Nothing I've said has convince the judge or my lawyer. Sadly this is only a small bit of the very large problem I am going through. HELP!!
What it comes down to is whether you're in a community property state or not. If you are, then he is responsible for 1/2 of the debt. If not, then you would have to try to present evidence that he got all of the benefit from the incurred debt. You mentioned "his" house....if the debt was incurred for a house that he is getting in the divorce, then you could argue that the debt should be ordered to him.
With regard to the creditor, and your credit report, however: they will consider it to be yours. If the court orders him to pay it, and he does not, black marks will continue to accrue on your credit. Creditor can send the debts to collection agencies to collect it from you, including seeking judgment against you.
If it gets to that point, you'll probably also want to go visit www.artofcredit.com. There are many knowledgable people over there who can tell you how to handle collection agencies, debt attorneys etc. I would strongly recommend checking that out the minute you receive a letter or a phone call from a debt collector, and prior to responding to same.
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lastchance
recently joined
Reged: 02/05/06
Posts: 4
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I'm no expert but the research I have done, has led me to believe that being a housewife relinquishes your responsibility to joint debt. He was the bread earner he has the bills to pay, that you acquired during the marriage or however long you were the home maker. Check it out you might have an easy out. Say you have four years of debt applied to your credit cards but you were only the Home Maker for two years then you track back all your statements debt before the career change and after. Good luck
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Gecko
Carpal \'Tunnel
Reged: 06/01/04
Posts: 19803
Loc: Third rock from the sun
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I'm no expert but the research I have done, has led me to believe that being a housewife relinquishes your responsibility to joint debt.
---> I worked for a bankruptcy attorney and your research is incorrect.
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If you air your dirty linen in public, expect people to comment on the skid marks!
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okgirl25
addict
Reged: 03/30/06
Posts: 623
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ok so here's a good question then......I have an old Hospital bill for my(our) daughter for $4000 that is haunting me....I was a housewife from 19 when I married until I left him at 23....he was self-employed and made $230K a year....the bill is from OUR daughter and was accrued while we were married....who pays for it and how much to each?
(FYI I now make 11K a year and he has a 'normal' job and makes $48K a year, also Divorce papers not done yet so no split known yet)
??????
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Maury
Carpal \'Tunnel
Reged: 06/02/04
Posts: 8146
Loc: This Asylum --->
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Was it addressed in the decree?
Since it was a necessary expense, the creditor may pursue either or both parents for payment. It is called joint and several liability.
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okgirl25
addict
Reged: 03/30/06
Posts: 623
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Decree not done yet......we've been separated over 2 years and the Divorce is just now almost final because the schmuck heard me say I was gonna file here in my state when my residency kicked in....the next day went and filed AND filled the Petition with pure BS. Took almost a year to get all that settled and another few months to drop it, idiots work in the courthouse in WA we had to go thru.
I have it being done RIGHT now, I know this because I am doing it LOL
I just wonder how they'll figure who pays what %....based on now? or based on our incomes when it was accrued?
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Maury
Carpal \'Tunnel
Reged: 06/02/04
Posts: 8146
Loc: This Asylum --->
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Well-states vary. Around here, the presumptionm starts as jint debt is divided equally. However, you cann override that preumption based on abbility to pay. Often, the one with the greter income has the greater burden.
In the end, it often comes out as a negotiated point since the person with more mony understand that they have greater exposure. Remember, 90% of cases settle.
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okgirl25
addict
Reged: 03/30/06
Posts: 623
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bf and I have been together almost 2 years....he calls me his wife, I say bf cause it's shorter to type LOL
What's weird is my (STB)ex and his gf had a baby the day after I did in Feb, a girl too....how freaky is THAT?! (especially since he supposedly got a V-tomy right after we split)
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