hazmat
recently joined
Reged: 07/16/11
Posts: 5
|
|
my STBEXWIFE ran up 30K in debt behind my back 2 years ago....a couple months later she decided she was going to college.i told her no and she needed to get a job,pay off her debt first before she ran up more debt.the next day she registered for school.she went 4 semesters and flunked out the last 3 and added 15k more to her debt because of student loans.i'd like to add we never had anything jointly ,credit cards,checking acc,savings etc and i was the sole provider for all 5 years we were married even though she worked also.
i finally decided we needed to get a divorce before she completely ruined my family.we both got lawyers and hers says i have to pay half her debt if she gets the property,or all her debt if i stay in the house.my lawyer says BS! her student loans are not considered community debt and any credit card she owned,without my name on them,not used for the benefit of the family,is also not my debt.
our first court date is next wednesday and needless to say i m still a little worried.i do live in louisiana and it is a community property state.
does anyone have and experience with my situation?any advice would be great.thank you ,mat
|
Goodmom
Pooh-Bah
Reged: 06/17/07
Posts: 2006
|
|
Your attorney is right and wrong. The student loans MAY be considered just her debt.
The other debt is most definitely JOINT and will be split. Especially in a community property state.
|
hazmat
recently joined
Reged: 07/16/11
Posts: 5
|
|
thanks goodmom.my wife said her lawyer told her to get me to agree to one of the 2 terms they set before we go to court and "it would save us money". now i see it was just a lame attempt to get me to agree to more than im going to be expected to pay.when we started talking about a divorce she went and cashed out 10k in retirement and blew it....mostly on her debt but needless to say i'm not getting my hands on any of her money...she made sure of that.now she has hers eyes set on my 401k :-/
|
Goodmom
Pooh-Bah
Reged: 06/17/07
Posts: 2006
|
|
Quote:
thanks goodmom.my wife said her lawyer told her to get me to agree to one of the 2 terms they set before we go to court and "it would save us money". now i see it was just a lame attempt to get me to agree to more than im going to be expected to pay.when we started talking about a divorce she went and cashed out 10k in retirement and blew it....mostly on her debt but needless to say i'm not getting my hands on any of her money...she made sure of that.now she has hers eyes set on my 401k :-/
And she's going to get 50% of the 401K. That's a joint asset. Just like her debt is a joint debt. The fact that she used her 401K (a joint asset) to pay off some of the joint debt (doesn't matter whose name it is in,all debt incurred during the marriage is joint, the possible exception being the student loan) is irrelevant. All that means is that there is less debt to split. It also means that a judge won't take her cashing out the 401K into consideration when it comes time to split the assets. And in a community property state, it is a 50/50 split.
You can waste money fighting that, but it isn't going to change the asset division. And if the courts view you as being unreasonable in your fight (and fighting to keep from splitting marital assets will be seen as unreasonable), you could also end up paying your stbx's legal fees.
|
DedicatedDad
veteran
Reged: 09/05/04
Posts: 1318
|
|
It was to your advantage that it was used to pay off debt....that you would have been "awarded" 1/2 of anyway.
|
hazmat
recently joined
Reged: 07/16/11
Posts: 5
|
|
well our custody hearing was yesterday and my x got awarded 658/month child support! they didnt figure the support amount by my actual earnigs but what my "potiential earnings"could be.what a crock.im busting my butt,swinging 2 jobs,working weekends just to make a living and im putting job applications in all over the place.i did get my son 10 days a month and im greatful for that but i only bring home 12-1400 a month and my bills are about 1000/month.im ruined.i did file an objection to the decision and we are going to trial.
|
1goodman
recently joined
Reged: 10/02/11
Posts: 16
|
|
is there any possible way you two can come back together? just curious. youre in a corner, your son is away from you a lot, your wife has spending habits, but is there no hope? does she want the divorce? theres got to be a better way. i feel for you man. goodman
|
Previous
Index
Next
Threaded
Edit
Reply
Quote
